Cell Phone Car Accidents

Cell phones have made many aspects of our daily lives much easier. However, they also have some major drawbacks, not the least of which is that people use cell phones when they shouldn’t. Perhaps the most glaring example of this is when people text while driving or talk on the phone while driving. Texting and talking on a cell phone is a form of distracted driving. Thus, after a cell phone car accident, the distracted driver may be liable to anyone who was injured in the accident. At Power Trial Lawyers, our dedicated Los Angeles car accident lawyers have a successful track record of obtaining compensation on behalf of motorists injured in cell phone car accidents. We are immediately available to meet with you to discuss your accident and go over your options.

In a 2021 survey, California drivers reported texting while driving to be their most serious traffic-related concern. And for good reason, according to the Centers for Disease Control and Prevention, each year, there are approximately 3,100 fatal car accidents caused by distracted drivers and another 400,000+ people are seriously injured. While there are other types of distractions out there, cell phones are by far the most prevalent distraction.

In California, it is not only dangerous to drive while talking or texting on the phone, it is also illegal. Barring very few exceptions, driving while using a handheld device (i.e., cell phone) is not permitted. However, state law does permit adult drivers to use hands-free devices, either while on speaker phone or through a Bluetooth headset. However, drivers cannot use a headset that covers both of their ears.

Minors cannot use handheld or hands-free devices while driving. The only exception to this is when a minor is using the phone in an emergency, such as calling 911 to report a reckless driver.

One of the limitations to the available data on cell phone car accidents comes from the fact that few drivers admit to using a cell phone shortly before an accident. On one hand, this shouldn’t come as a surprise because drivers who know they were at fault for causing the accident may not want to expose themselves to civil or criminal liability by admitting they were talking or texting while driving. However, this can put accident victims in a difficult position because, without evidence of cell phone use, it may make their claim against the driver harder to prove.

However, an experienced personal injury attorney has ways of determining if a driver was distracted. For example, an attorney can ask the court to subpoena the at-fault driver’s cell phone records to see if they were on the phone or sending text messages before the accident. There also may be surveillance video or eyewitness testimony that can establish a driver was talking or texting while driving.

If you or a loved one has recently been injured in a distracted driving accident with a driver you believe was on their cell phone, reach out to Power Trial Lawyers. At Power Trial Lawyers, our Los Angeles legal team has extensive experience handling cases involving cell phone car accidents. We can help you prove that the other driver was distracted and effectively bring a claim to recover the compensation you need to not only cover your accident-related expenses but also the non-economic impact the accident had on your life. To learn more, and to schedule a free consultation with an attorney today, call 844-844-POWER (7693). You can also connect with us through our online contact form. We proudly represent clients in Los Angeles County and Orange County and have conveniently located offices in Los Angeles and Newport Beach.