Using a phone while driving increases the risk of having an accident significantly and, unfortunately, 75 percent of the over 200 million people that own a phone say that they use them while driving. A study out of the University of Toronto reveals that using a phone while driving quadruples the risk of being involved in an accident – the same risk associated with drunk driving. The NHTSA reports that 80 percent of all accidents are attributed to inattentive or distracted driving which unfortunately includes pervasive texting while driving.
If you are involved in a car accident with someone who was on their phone, texting or otherwise, you would have a good argument that the person on the device was at fault. If the accident happens to occur in a state or city where texting and driving is illegal, you will have a powerful negotiating tool when trying to settle your claim with the insurance company, whether your damages are limited to property or you are injured.
Although you may believe texting and driving was to blame for the other driver’s negligence, proving the other driver was on the phone before the accident may require witness accounts or an admission by the driver when confronted by law enforcement. In the event there are no witnesses and the driver does not admit fault, cell phone records can be scrutinized to establish negligence in court.
If you or a family member has been injured in a car accident caused by a distracted driver, it is important to seek the help and guidance of an experienced Iowa car accident attorney. For over three decades the Des Moines car accident lawyers of Hemminger Law Firm have handled hundreds of Iowa motor vehicle accidents and our attorneys have the trial and negotiating experience to help you reach a fair settlement that will compensate you for your injuries and hold those responsible. To schedule a free consultation, call 515-283-2116 or contact our offices online today.
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