How A Hands-Free Driving Law Might Affect Your Car Accident Case
Texting while driving is always a bad idea and many states have specific laws for what you are allowed to do with your mobile device while driving. For example, some states do not allow you to hold a mobile device in your hand while driving and instead require that you mount it or use a hands-free device. Therefore, if you are injured in a car accident by a driver who was holding a mobile device, this might end up being relevant to your case.
Distracted Driving is Dangerous
Distracted driving is a major cause of accidents and can also make accidents worse. When a driver is distracted, they are less likely to hit the brakes because they might not even see your car until the collision occurs. Therefore, if a driver is distracted and this causes your accident, you may be able to hold the driver liable for the accident.
Unfortunately, most drivers will not admit that they were distracted while driving. However, with the help of witnesses, the officer responding to the accident, and an attorney, you might be able to hold the driver responsible for holding their mobile device while driving.
How to Prove That the Other Driver was Using a Mobile Device
If the police officer conducts an investigation, they may be able to determine that the driver was operating the vehicle while holding a mobile device and what they were doing. For example, drivers who have a mounted mobile device that they are using to play music and press a button to change songs might not be charged, but a driver is not allowed to read or write a text. The driver also cannot reach for their phone in a way that places them in an unsafe driving position. Finally, they cannot watch or record videos.
If the driver receives a criminal charge, this can be used as evidence that the driver was negligent as you pursue a settlement. To be able to reach a settlement, you must not only be injured, but you must also prove that your injuries were caused by the negligence of the driver. A personal injury attorney can help you establish liability on the part of the other driver.
Once you are able to prove that the driver was negligent and caused your accident, the next step is to work closely with a personal injury attorney to make sure that you can maximize the compensation that you receive by calculating all of your damages.