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Cell Phone Use While Driving Liability - Hands Free or Hand Held

Posted by: at 10:21 AM on January 13th, 2015

Last year, a semi-truck crossed onto a railroad track as the train was approaching and caused the train to derail, ultimately resulting in millions of dollars of property damage. Luckily, no one was hurt in the accident


Just recently, the National Transportation Safety Board released results of its investigation into the accident. The NTSB report showed that the truck driver not only failed to check the tracks, but was also on his cellular phone at the time of the accident.  The driver's cell phone record indicate that he accepted a phone call just 18 seconds before the serious accident.


Nationwide, states have been passing legislation that make it illegal to drive while texting or talking on the a phone (unless you are using a hands-free device).  However, even using a hands-free device can be distracting for drivers.


When a driver is operating a vehicle in a negligent manner and causes an accident as a result, that driver may be held liable by all who are injured in the accident. In order to prove that a defendant was negligent under the eyes of the law, an accident victim must show that the other driver owed the victim some duty of care that was violated by an action of the defendant. In addition, the plaintiff must show that the defendant’s negligent actions were the proximate cause of the plaintiff’s injuries.


If you or a loved one has recently been injured in an accident, you may be entitled to monetary damages based on driver’s negligence. The law defines what some negligent conduct is, but that list is not exhaustive; meaning that there are other acts that may fit under the definition of negligent driving even if they have not been specifically listed as such.


Driving while using a hands-free device could be one of these examples, depending on the facts of the case. If you have been injured in an accident, contact one of the attorneys at LeBell, Dobroski, Morgan & Meylink today by calling 414-276 1233

 
 
 
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