If you suspect that a driver neglected the rules of the road and used a cellphone while operating the vehicle that crashed into yours, then you need to take full advantage of your legal options. This means working with an attorney who can talk with the opposing party and insurance adjusters to get you the compensation you need to address your losses. Do not be fooled by insurance adjusters offers, these tactics are used to avoid payouts that you need and deserve. Call today to start your case review and speak to a Norwalk lawyer with cellphone accident case experience.
Connecticut law prohibits all motorists from using a cellphone to engage in a call while operating a vehicle except when used in a hands-free mode. Engaging in a call for the purposes of distracting driving law includes a person engaging in a call by using at least one hand to hold the cellphone in the immediate vicinity of a person’s ear.
Cellphone laws apply to all drivers, not just novice drivers. If any diver has a cellphone in their hand and they are using it, they are held responsible for any damage caused by that cellphone use or distracted driving.
Using a cellphone by the plaintiff at the time of an accident can impact the injury claim of the plaintiff because using a cellphone implies that a person is distracted in their driving. If the plaintiff claims that they were injured as the result of the negligence of the defendant, and they are found to be using their cellphone, it could cause a comparative negligence analysis. It could, in fact, prohibit any claim from succeeding.
If both parties are using a cellphone at the time of an accident, an experienced lawyer can differentiate their driver’s cellphone use as opposed to the defendant’s cellphone use. They still have an outstanding opportunity to be successful in their claim if a legitimate, tough, and credible attorney is retained.
The type of evidence that is needed for cellphone claim are cellphone bills. They tell whether the person was in fact on the phone. Another way to obtain cellphone information is to get the cellphone itself, which is a little bit more difficult but can be done.
The kind of consent that is required to obtain this evidence is specific. Without specific consent, a court order can be used to obtain the records of a cellphone. A lawyer often uses subpoenas on cellphone companies to corroborate cellphone use in car accident cases involving phones.
If you were recently harmed due to another driver’s careless action, you need to speak to an attorney who uses aggressive tactics to get the results you need in court. Attorneys are able to gather evidence of another driver’s cellphone use, compile eyewitness reports, and demonstrate negligence in either court or settlement talks. Do not wait to start your claim, reach out to an attorney today. A Norwalk accidents involving cellphones lawyer stands ready to help.