The cause of an accident will determine who is held liable. If the driver that caused the accident was talking on a cell phone or texting, they will likely have difficulty defending their case.They may also face additional penalties. California has laws related to distracted driving which impose limitations on the use of cell phones by drivers.
Even if you are using an earpiece, Bluetooth device, or speakerphone system, if you are talking on a cell phone or texting and driving, a law enforcement officer or another party may claim that you were driving while distracted. The NHTSA reports that one in ten car accident fatalities involve a distracted driver.
Car Accidents While Using A Cell Phone
When a driver is at fault in a car accident, they can be held accountable for the property damage and injuries they cause. While most auto accident cases eventually settle out of the courtroom, the facts and circumstances of how the crash occurred are relevant to proving the car accident victim’s case for damages.
Rear-Ended While Using A Cell Phone
In some auto-accident cases, it does not matter if the injured party was using a cell phone or texting. For example, if you are at a red light, and are rear-ended while talking on the phone or texting, it is not probable that your talking or texting caused or attributed to the accident. Under these circumstances, your phone use, even if against the law, generally cannot be used against you.