Cell Phone Car Accidents: How to Maximize Injury Compensation

Written by Jeremy D. Earle, JD

March 31, 2022

Cell Phone Car Accident Attorney

After being hurt in a mobile phone car accident, don’t settle for less than you deserve. Here’s how to establish the other driver’s negligence and get a reasonable payout.

In the United States, cell phone usage is involved in about 27% of all car accidents, resulting in over 27,000 injuries per year.

Unfortunately, the number of mobile phone-related auto accidents is under-reported. Because of the rapid advancement of technology in recent years, most American drivers now have smartphones or comparable gadgets in their hands.

Local governments have struggled to keep up with the growing number of methods to report on the effect of mobile phones on public safety. For example, only about half of all police accident report forms in the United States have a place to record mobile phone or texting use.

The typical American motorist is likely to be involved in at least four car accidents during their lifetime. We now know that at least one of those collisions will be caused by a distracted motorist talking on their phone.

You anticipate compensation for your injuries, lost pay, and pain and suffering if you are injured in an accident. If you believe the at-fault motorist was using a mobile phone, here’s what you should know.

CAR ACCIDENTS CAUSED BY CELL PHONES

Over ten years, the number of injuries and deaths from car accidents due to cell phone use increased by 850 per cent. States and communities rushed to pass traffic legislation to curb the rapidly growing number of deaths.

Distracted driving has overtaken drunk driving and speeding as the primary cause of car accidents.

When driving while using a mobile phone, there are three major ways to get distracted:

DISTRACTIONS CAUSED BY THE HANDS

While reaching for a phone, dialling a phone number, or texting, drivers divert their attention away from the road and remove one or both hands from the steering wheel.

VISUAL DISTRACTIONS

Taking your eyes off the road for even a second allows your car to drive several car lengths, maybe into a stopped car ahead of you or into oncoming traffic. While staring at their phones, drivers often move out of their travel lane.

It takes a little “switching time” for your brain to notice the shift when you return your focus to the road. You won’t have to worry about avoiding a collision at that time.

DISTRACTIONS IN MIND

The usage of a hands-free cell phone is nevertheless disturbing. According to studies, even drivers gazing straight ahead suffer “inattention blindness” when conversing on a hands-free mobile phone—multitasking while driving might be dangerous.

The National Safety Council produced hundreds of studies in support of the NSC’s proposal to prohibit mobile phone usage while driving. While federal and state politicians are hesitant to criminalize all mobile phone usage, virtually every state prohibits the use of hand-held cell phones, including texting while driving.

Cell Phone Use and Texting While Driving Laws in Your State may be found here. Making a Compensation Insurance Claim

A distracted motorist who causes an accident is legally liable for the accident victims’ compensation. The majority of accident victims begin by submitting a damage claim with the insurance carrier of the at-fault motorist.

With this sample, you may begin the claims procedure. Notification Letter to an Insurance Company

There are two types of damages that insurance companies consider:

Property damages include the expenses of repairing your car, renting a car while yours is being repaired, or the value of your car if it is totalled. Personal goods damaged in the collision, such as spectacles, clothes, or your trunk full of groceries, are also considered property damage.

Medical, dental, and mental health expenditures incurred due to the accident; out-of-pocket expenses; lost income; and pain and suffering are all examples of personal injury damages.

You may always submit a claim with the other driver’s insurance carrier for property damage.

If you reside in a no-fault insurance state, you must initially seek compensation from your car insurance, regardless of who caused the accident. Med-pay or PIP coverage will cover your reasonable medical expenditures, out-of-pocket expenses, and lost income. You will not be compensated for your pain and suffering under PIP.

In no-fault jurisdictions, accident victims may sue the other motorist if they suffer serious injuries or die or if their medical bills exceed their PIP limit.

The first step is to file a personal injury claim with the at-fault driver’s insurance carrier. You may believe it is self-evident that the other motorist was to blame for the collision. You won’t get a penny in compensation unless you can persuade the adjuster that their insurer caused the accident.

It helps to be familiar with the following words used in insurance claims:

The term “liability” refers to a person’s fault or duty. In most cases, the at-fault driver is responsible for the damages you sustained in the accident.

It is called negligence when a motorist fails to behave appropriately or does something that

no reasonable driver would do, such as texting while driving.

Property damage to your car, as well as personal injury damages such as medical and treatment bills, out-of-pocket expenditures, lost earnings, and pain and suffering, are all possible damages.

A direct and proximate cause is an activity that causes injury that would not have occurred otherwise. If an inattentive driver hadn’t rear-ended you, you wouldn’t be suffering from whiplash.

The term “duty of care” refers to the need to be cautious and prevent injurying others.

Every motorist has a duty of care to other road users. The other motorist is breaking their duty of care when they are distracted by a mobile phone.

It’s negligence when a distracted driver runs a stop sign and broadsides your car. As a result, the at-fault driver is responsible for your losses.

WHAT YOU’LL NEED FOR A SUCCESSFUL PERSONAL INJURY CLAIM

You’ll have to show not just that the other motorist was at fault, but also that the collision caused your injuries. Evidence is required to prove carelessness and damages. The accident scene will provide you with a lot of the greatest evidence for your claim.

KEEPING YOUR CLAIM SAFE FOLLOWING A CELL PHONE MISHAP

To report an accident and request assistance, dial 911. Describe the route you’re on and any surrounding landmarks to the dispatcher. Tell the dispatcher you’ve been hurt and if you know of any other people who have been hurt. If there are overturned cars, smoke or flames, or any other risks at the site, the dispatcher needs to know.

Begin collecting vital information and evidence from the site if you are physically able or if someone else can do it for you.

PICTURES AND VIDEOS

Photographs taken with a digital camera or, more hilariously, a mobile phone camera may be quite useful as evidence. Take photos of the cars and the surrounding surroundings from various perspectives. Any skid marks, stop signs, or traffic signals should be photographed.

The other motorist may be shown admitting blame or acting inebriated on video with sound.

STATEMENTS OF WITNESSES

Although the police may obtain witnesses’ names and contact information, they may not have the time to conduct in-depth questioning. Witness testimony may be very persuasive in proving responsibility. Request that the witness writes down everything they saw and heard, as well as their name, contact information, and the date on a piece of paper.

If a witness observed the other motorist using a mobile phone before the crash or heard the

driver admit things like “I didn’t see anybody coming,” or “I was on the phone with my girlfriend,” it will greatly aid your case.

Work along with paramedics: Never deny medical assistance on the spot. Every symptom you experience, no matter how little, should be reported to the paramedics. Allow paramedics to carry you to the hospital if they request it.

If you aren’t sent to the hospital right away, seek medical help on your own. Visit your doctor, the ER, or an urgent care facility.

Your insurance claim may be severely injured if you refuse or postpone medical care. The adjuster will leap at the opportunity to dismiss your claim by claiming that your injuries were not caused by the car accident.

The police will arrive if there are injuries as a consequence of an car collision, according to the police report. They examine the accident site, chat with both parties to evaluate the number of injuries, and, if required, seek emergency medical assistance. If you noticed the other motorist using a mobile phone at the time of the accident, make sure you notify the police.

The investigating officer prepares an official police accident report. The official report will include diagrams of the collision, driver and witness information, driver comments, citations issued, and the officer’s professional assessment of blame. For a little cost, you may get a certified copy of the police report later.

CONTINUE GATHERING CRUCIAL EVIDENCE RECORDS FROM CELL PHONES

Cell phone data may show that the at-fault motorist was distracted at the time of the accident. Phone records may be used to prove carelessness.

Unfortunately, the phone provider would not reveal another person’s mobile phone information freely, and the at-fault driver is unlikely to pass up damning evidence to support your allegation. To get the other driver’s phone records, you’ll need legal assistance.

It may be required to conduct discovery to determine who owns the phone and pays the phone bills. Teenagers and adults under thirty are the age group with the highest frequency of mobile phone accidents. Teenagers and college students are almost certainly utilizing their parents’ mobile phone plans. Then, to compel the release of documents, a subpoena will be necessary.

It’s possible that you won’t need phone records to establish the driver’s recklessness. For instance, if the driver was penalized for breaking traffic regulations or the investigating officer’s guilt assessment, the other motorist is entirely to blame.

If the other driver’s insurance company refuses to take complete blame on behalf of the insured, you should speak with a personal injury lawyer about your options.

MEDICAL BILLS AND RECORDS

Medical records will not show fault, but they will be able to prove that your injuries were

caused by accident. All medical, dental, and physical therapy bills and provider records should be requested. Track your miles to medical visits and include out-of-pocket expenses.

Medical expenditures will play a significant role in determining the amount of your reimbursement.

Wages lost: Request a statement from your employer detailing your missed pay, as well as any sick time or vacation days utilized during your rehabilitation.

KEEP A JOURNAL

Make a list of everything that comes to mind concerning the accident and its aftermath. Explain how you discovered the other motorist was talking on a mobile phone.

Keep track of your ailments, pain levels, and physical limits as they develop.

MAKING THE MOST OF YOUR REWARD

The amount of money you get will be determined by the sort of injuries you suffered, the complexity of your case, and the insurance limitations available.

There are two categories of injuries when it comes to insurance claims:

Bumps, bruises, tiny cuts, and muscle or tendon sprains and strains are the most common soft-tissue injuries. Soft-tissue injuries in most car accident victims will heal entirely within a few weeks.

Hard injuries are costly and complicated. Broken bones, spinal cord injury, severe brain injuries, and lifelong scars are examples of hard injuries. Hard injuries might be fatal or permanently disable you.

You may certainly negotiate an acceptable settlement without the services of an attorney if you’ve completely healed from soft-tissue injuries.

Total your medical expenditures, out-of-pocket expenses, and lost income to arrive at a reasonable sum of compensation. For agony and suffering, add one or two times that amount.

Include copies of your expenses, charges, and a pay statement from your job with your demand letter.

Hard injury claims are complicated and expensive. If you or a loved one has been seriously hurt, you will want the services of an attorney to get the maximum amount of all possible compensation. Your lawyer will look into every possibility to maximize your reimbursement, including:

Verifying the other driver’s insurance limitations

Finding more insurance money, such as from a separated parent’s policy Defending claims of comparative negligence in the collision

Obtaining underinsured motorist coverage from your insurance company

There’s just too much money on the line to take on the insurance company’s legal team alone.

Don’t put it off. It costs nothing to learn what a professional personal injury lawyer can accomplish for you.

 

 

 

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