Liability in Collisions Involving Cell Phone Usage

Distracted driving in the U.S. takes on many forms each year. The consequences of a distracted driving accident can be catastrophic, fatal, and even expensive depending on how extensive and severe the collision was. In fact, in just one year’s time, thousands of lives are taken in these accidents across the country. What is one of the number one reasons for these accidents? Texting while driving.

Though the rate of texting while driving accidents has significantly decreased over the years, approximately 27% of all car crashes involve a cell phone, according to the National Safety Council. This means that these collisions continue to happen every day due to the recklessness of parties who are not concerned about their actions on our roadways. It is important to know that you, as a victim, have many rights after a car accident involving negligent cell phone usage.

Holding a Party Liable After a Texting and Driving Accident

States have been enacting strict laws that hold parties liable when they engage in texting and driving on our roads, especially when an accident occurs. If a party was using their cell phone and an accident takes place, they will almost always be held responsible for the accident.

Because many states have laws and others do not when it pertains to distracted driving accidents, it is important to speak with a skilled attorney. Only an attorney will be able to dictate what rights you have as you hold a party liable for their negligent actions.

Can an Employer Be Held Responsible for a Texting and Driving Accident?

An employer and their employee can both be held responsible if an employee was texting while driving on the job. Many accidents that involve cell phones take place when an employee is on their phone. When an employee is on the phone and they are in an accident caused by being on the phone, they place their employer at risk for a lawsuit under the theory of vicarious liability.

It is known that employers tend to prohibit their employees from texting while driving and even enact these rules when they have employees sign paperwork from the very start. As such, many employees will be terminated if they break these rules and they might find that they are the only ones subject to a personal injury claim.

Holding a Party Liable for Distracted Driving 

As mentioned, there are many forms of distracted driving, some of which include more than cell phone use. It can include any acts such as eating to applying makeup and fiddling with a GPS. No matter what, if you have been involved in an accident with what you believe was a distracted driver, you have rights to compensation.

Our car accident attorneys at Sheftall & Associates continue to assist numerous victims after they have been harmed in a collision that is not their fault. We understand that the consequences of a distracted driving accident can cause turmoil for a victim who never expected to be involved in an accident. As such, we are here for you every step of the way. Please contact our skilled attorneys at (904) 638-7712 to find out what we can do for you.


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