Can you be liable for texting a driver?

In cases of distracted driving accidents, liability is almost always associated with the person who was texting and driving. Regardless of what the other driver was doing, a person who is texting and driving is clearly negligent and at least partially responsible for the collision.

How do they prove texting and driving?

The easiest way to prove someone was texting while driving is to have them admit they were texting while driving. Testimonies given to police officers who respond to the scene of an accident provide valuable information in proving a driver was distracted by looking at their phone.

What can you do if you talk on the phone while driving?

In short:

1. Always call the police after an accident.
2. Report to the police that you believe they were using their cellphone.
3. Take pictures of the damage as well as traffic signs the other driver may have missed.
4. Receive any medical car offered- even if you feel okay at the moment.

Can insurance companies get cell phone records?

Insurance companies don’t ask for phone records when you purchase an insurance coverage. They may only request for the phone records when a driver is involved in an accident and has made a claim. Insurers use the records to investigate your actions at the time of the accident and find grounds to deny your claim.

Is texting while driving a tort?

Texting while driving is not only against the law, but it can also result in civil tort liability for any auto accidents caused by distracted driving.

What to do if someone is texting and driving?

“If somebody feels a person is texting and driving and is an imminent danger to the public, like they are weaving or they look like adrunk driver, they can call 911.

Can you look at your phone while driving?

A California appellate court has ruled that it’s illegal to hold your phone while driving to use it for anything — like checking Google maps, or even looking at an email or text.

How does texting while driving affect my insurance?

Anyone who has caused an accident while using their cell phone, or who has been ticketed for texting or talking while driving could see an increase in their insurance premiums. If you have been found at-fault for a car accident, you may have excessive points on your driver’s license, and your insurance will reflect your driving behavior.

Is it negligent to use a cell phone while driving?

It can be argued that the use of a cell phone while driving is negligent behavior, that could cause harm to others. The liability of a driver who was not using a cell phone, and caused an accident, may be less than that of a driver who caused an accident while using their phone.

What happens if you’re injured in a car accident while using your phone?

If you were injured in a car accident that was caused by cell phone use, you should contact a personal injury lawyer. If you were the driver and are accused of using your phone while the accident occurred, contact a criminal defense attorney as soon as possible.

Can the police take your phone records for texting and driving?

This is not a commonly used tactic unless you have been involved in a car accident that resulted in an injury or death. If the police believe texting led to an accident they will gladly pursue your phone records.