A distracted driving study has recently shown that people are on their phone up to 88% of their journey. That is a huge figure; another showed that the majority of car crashes (52%) are caused by distracted drivers on their phones. It doesn’t matter if you are texting or trying to make a call, using your phone while driving may be a very fatal mistake.
Often, those injured in the accidents were not even the individual who was on their phone. Driving while distracted causes life changing crashes every hour in the United States, despite the numerous campaigns that try and discourage this reckless behavior.
Calling/Texting And Driving — What It Could Cost
If a driver is on their phone and causes an accident resulting in injury or death, they can be be accused of manslaughter or homicide. They can also get jail time while awaiting trial or bail, be sued for the unnecessary death by family members of the victim or even sued for wrongful damages by the accident victim, and rack up prison time.
A lot of distracted drivers that are involved in accidents have their license revoked for a long period of time and their vehicle impounded. All of these things are additional in whatever has occurred to their car as well as properties that were included in the incident. In some cases, distracted drivers may have their own injuries to deal with that were a result of the crash as well.
A distracted driver found to have been on their phone before a crash may still be held accountable for the accident even if the phone usage had not been the main cause of the crash. The other party’s attorney could make the case that if the driver had not been distracted by their cell phone, they would have made better driving choices and could have avoided the crash entirely.
Determining Signs of Negligence
If a driver was on a phone call, texting, or even just holding their while behind the wheel and then got into a car crash, there is a big chance they’ll be held responsible. Distracted driving can be seen as negligence, which may be used in a personal injury case. There are multiple elements of negligence: causation, duty of care, breach of care, and damages. By using a phone while driving, it becomes a serious safety hazard for everyone else on the road. A distracted driver is breaching their duty to be careful and follow the laws of the road. If you’ve ever been in an accident where the other person was on the phone, you may have a chance of getting compensated for any injuries you have obtained.
Contact an Attorney
Distracted driving is an epidemic here in Milwaukee and all over the nation. If you have been in a car accident, chances are the other person may have been distracted or are on their phone. Contact an experienced car accident lawyer in Milwaukee WI to help guide you through the necessary steps to take after an accident.