The law on using mobile phones in a car varies from state to state. Many states have adopted hands-free laws that prohibit drivers from having and using a phone in-hand while they drive. These laws may have allowances for people to use hands-free devices such as headsets, Bluetooth devices, or other forms of wireless communication. When it comes to texting while driving, 48 states in the U.S. have currently banned the practice entirely, according to the Insurance Institute for Highway Safety’s Distracted Driving page.
There are many unique laws put in place regarding driving and cell phone use that vary between states. Louisiana, for example, has banned hands-free device use for drivers who are going through school zones, but it is legal at other times. Many states also have more restrictive laws for teen drivers. Louisiana bans hands-free cell phone use for individuals below 16 years of age.
Distracted Driving Dangers and Liability
Laws on using mobile phones in a car prevent a major cause of accidents on the roadways throughout the United States: distracted driving. The saddest part is that these accidents could largely be avoided if drivers chose to put their distractions aside and focus on the road ahead. When a driver picks up a cell phone while they are behind the wheel, even for a moment, they are putting lives at risk, including their own.
Cell phones are not the only form of distracted driving. Any behavior that takes a driver’s eyes or attention off the road—or their hands off of the wheel—can qualify, including:
- Eating or grooming
- Engaging with passengers
- Handling a pet
- “Rubbernecking” something on the side of the road
- Adjusting GPS, radio, or climate controls
- And more
In a distracted driving case, it will be necessary for the victim to prove the negligence of the responsible driver. Fortunately, this does not mean evidence of their distraction is required. Negligence is frequently proven with evidence that a driver violated a traffic law, such as failure to yield, running a red light, not using a turn signal, and more. If your case can produce evidence of the responsible party’s negligent driving, you may not need evidence that they did it because they were on the phone.
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Injuries that Can Occur in Car Accidents
The injuries that are possible in a car accident caused by a distracted driver are diverse, as someone who stops focusing on the road can cause almost any type of accident, including a head-on collision.
Possible car accident injuries include:
- Cuts, scrapes, or abrasions
- Broken bones
- Internal bleeding
- Tissue damage
- Traumatic brain injuries
- Face injuries from airbags
- Psychological symptoms like anxiety or post-traumatic stress
- And more
If you have been in a car accident, make sure to see a doctor for an evaluation as soon as it is safe to do so. Some of these injuries may seem mild at first but could become worse if left untreated. Documentation in your medical record linking your injuries to the accident can also be useful evidence in your pursuit of compensation.
A Personal Injury Lawyer by Your Side
If you were injured by a distracted driver, a personal injury lawyer may be able to help protect your right to compensation. You may be entitled to a settlement offer or court awards for your injuries, ongoing costs of treatment, lost wages, pain and suffering, and more.
The Morris Bart law firm represents the victims of distracted driving accidents in personal injury cases and can determine your best options prosecuting your distracted driving case. Our attorneys will work to protect your right to compensation when you have been injured in a case like this. We can manage your case on your behalf while you concentrate on your recovery.
We work on a contingency-fee basis. This means our clients pay us nothing unless they recover compensation in a settlement offer or court awards at the conclusion of their case.
Each state has a legal deadline, or statute of limitations, for filing a personal injury lawsuit. If you allow the statute of limitations to expire in your case, it could prevent you from recovering compensation in a lawsuit.
To find out more about our services, call The Morris Bart law firm Today at (800) 537-8185. Consultation calls are free, and our team can discuss your case, your legal deadlines, and your options for pursuing compensation.
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