The more distractions you have while driving, the greater the chance you will get into a car accident. Some distractions, like changing a radio station, are relatively minor and don’t cost much attention. Others, like talking or texting on your cell phone, are much more likely to be dangerous. Studies on the subject have found that texting while driving is as dangerous as driving drunk.
From a legal standpoint, using your phone while driving is more likely to get you in trouble than other distractions for a few reasons:
- Using your phone while driving is a conscious decision on your part
- Calls or texts often leave behind a record proving you were distracted during the crash
- Phone records can prove you were using your phone at the time of the crash
- Options like hands-free systems give you an alternative to holding your phone, which may lead lawyers to ask why you did not choose these options
- Many states ban cell phone use while driving (in Alabama it’s banned for young drivers)
- Even in states where cell phone use is not banned while driving, lawyers can use it in a civil suit to argue that you were driving while distracted
Conversely, if you have gotten into an accident with a driver who was using a cell phone, you may have a strong legal case for recovering damages from them. These can range from medical expenses to repair costs, and may even include punitive damages if the driver was being especially negligent.
To learn more about what you should do after a car accident with a distracted driver, contact the car accident attorneys at Long & Long. We will review your case, offer our legal services if they are necessary, and advise you of the steps you should take next. Call us at (251) 432-2277 today to get your free case review. We serve clients in Mobile and throughout the state of Alabama.