It is illegal for drivers to talk and text while operating a vehicle. Unfortunately, many continue to do so and cause many serious accidents as a result of their negligence. If you were injured by a driver distracted by their cellphone, contact a Manchester texting with driving accident lawyer to review your case. A skilled car wreck attorney could help you obtain damages based on the driver’s negligence as well as guide you through the complex civil claim process.
Cell Phone Use Among Novice and Experienced Drivers
While not applicable to adult drivers, the law prohibits novice drivers from using electronic devices while behind the wheel, even with hands-free accessories. One exception to this rule is that a mobile device may be used in an emergency such as when a teenager needs to contact an emergency response operator, hospital, ambulance, health clinic or the fire and police department.
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Contributory Negligence in Texting While Driving Collision Cases
If a plaintiff was also texting when the accident in question occurred, the defendant may have a claim against the plaintiff for contributory negligence. Contributory negligence does not bar a plaintiff from recovering any damages so long as the plaintiff’s negligence in using the cell phone is not greater than the negligence of the defendant. If the court finds the plaintiff contributorily negligent, they may reduce the injured party’s recovery by percentage of fault they played in causing the accident. A Manchester texting while driving accident attorney could review a claimant’s case to determine if the court may find them partially negligent for their accident and then evaluate the damages they may receive based on the circumstances of their case.
Can Texting While Operating a Vehicle Constitute Reckless Driving?
Using a cell phone while driving may not, in of itself, be enough for a court to charge someone with reckless driving automatically. A judge considers all the circumstances in determining whether the motorist was driving recklessly if they caused an accident while using their cell phone. For a reckless driving charge to be valid, a driver must have complete disregard for consequences that may occur as a result of their negligent behavior. If this can be proven to be true when the accident occurred, then using a cell phone while driving could be considered reckless driving instead of mere negligence. A reckless driving count could to double or triple damages they owe. A texting while driving accident lawyer in Manchester could help a plaintiff prove reckless driving as a result of the defendant’s cell phone use in order to maximize their compensation.
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Obtaining Cell Phone Records
In these types of cases, a seasoned lawyer may try to obtain cell phone records by sending out a preservation letter that asks a cell phone provider to maintain the records. If a witness saw the defendant on their phone, this may give an attorney probable cause to obtain the cell phone records. Additionally, when a person is under oath, they must be truthful about their cell phone usage before the accident and if they confirm this usage, they may have to produce their cell phone record for inspection.
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Contact a Manchester Texting While Driving Accident Attorney
If you were involved in an accident with someone who was using their cell phone, you should contact a Manchester texting while driving accident lawyer. An attorney could help you pursue fair compensation and help you hold the negligent driver accountable. To schedule a free consultation, call today.
