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Determining Fault When A Car Accident is Caused By A Cell Phone in Odessa, TX

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Driving is something most of us do every day, but that doesn’t mean we should allow ourselves to become distracted when behind the wheel. It’s a common activity for so many, but it’s an activity that requires focus and direction. There are plenty of distractions that can compromise that focus, but one distraction has received a lot of attention lately.

Driving while using your cell phone has become a popular talking point for many and new laws have been passed in response. Learn all about these new laws and discover everything you need to do to get the settlement you deserve when you’ve been injured in a car accident caused by cell phone use.

Driver Liability

Car accident liability is determined by which driver was acting the most careless. Typically, the person using a cell phone will be held responsible by default since using a cell phone or any handheld device can be considered careless behavior.

When you use a cell phone behind the wheel, you’re probably driving with only one hand which limits your control. You also have to look away from the road when you’re dialing, answering or sending a text. Even if you’re using both hands to drive, talking on a hands-free device could still be distracting as studies have found that conversations alone can be a significant distraction.

Other Liability

In some cases, liability for the accident can spread to other parties such as employers. If a driver is making a work call during or leading up to their accident, the employer can be held responsible. Since employers tend to have more money at their disposal, they’re more likely to be targets of lawsuits.

Parents may also be held liable if the driver that caused the accident is a teenager. The parents are the ones who supplied them with the cell phone and it can be argued that they didn’t take proper steps to prevent their teenager from engaging in the careless behavior. In the state of Texas specifically, teenage cell phone use while driving is outlawed altogether.

Impact on Insurance

With all the attention around car accidents caused by cell phone use, insurance companies have made their stance very clear strongly cautioning against all cell phone use while driving. No matter what the situation is, if you’re in an accident while using your cell phone, you’ll probably see your premium rise.

The plus side is that if you’re the faultless individual of a car accident caused by cell phone use, it’s usually easy to get compensation from the other driver’s insurance company since they wouldn’t want to do anything that conflicts with their central messaging and branding.

Texas Car Accident Lawyer

A car accident caused by cell phone use is never easy to deal with especially if you’re recovering from injuries. If you want to get proper compensation for damages, make sure you hire an experienced car accident lawyer like the ones at Braker White.

We have a long history of successful cases with most settling outside of court. This allows you to get the legal process over with as soon as possible so you can focus on your recovery. We take care of everything for you and work fast to ensure your rights are protected. Contact us today to get started earning your compensation with a free consultation!