Car Accidents Related To Cell Phones
Drivers are constantly reminded on a daily basis not to use their cellular devices while driving; however, many people do not listen to these warnings. According to the National Security Council, from the latest injury and fatalities statistics, the use of a cell phone is now estimated to be involved in 26 percent of all motor vehicle crashes. 21 percent of the accidents come from drivers talking on the phone while 5 percent of the accidents are caused by drivers texting while driving. If you go for a drive nowadays you surely will see why these statistics are so high. Everywhere you go you will see people behind the wheel using their phones to text, call, or check their friends’ Facebook status. The use of cell phones while driving has lead to too many unnecessary injuries and deaths on Louisiana roads. The use of a cell phone will become a very important part of analysis when it comes to your case. Police will mark in their police reports if the other driver was on the cell phone before or during the accident and if so, this will weigh heavily in your favor. If it has been determined that the driver was on the phone immediately before or during the accident the judge or jury will take this into consideration and will usually find that the other driver is at fault.
Drivers using their cell phone have become such a problem that the Louisiana Legislature has come into action and passed laws regarding the use of phones while driving. It is now against the law for anyone 17 years of age or younger to use a cellular device while driving. This includes talking on the phone or using the phone to write, send, or read text based communication. This will come into play when there has been an accident and the driver is 17 years of age or younger who is using the device immediately before or during the accident. It will show that the person acted carelessly and should be held liable. Drivers older than 17 are not allowed to read, write, or send text messages while driving. Also, any person driving cannot access, read, or post to a social networking site through their cell phone. Therefore, all of the people who are driving and taking pictures of themselves and posting to sites such as Facebook are breaking the law. If this is a cause of an accident it will become an important part of your case when the judge or jury is assessing fault. If you think that use of your cell phone cannot be detected, think again. Your cell phone records can be easily subpoenaed to determine if you were on the phone at the time of the accident. It is important if you are in a car collision to report to the police if you saw the use of any cell phone by the other driver. With the widespread use of cell phones it is highly probable that it may be a cause for an unnecessary car accident.
The Cardone Law Firm represents clients in auto accidents in the entire state of Louisiana including Ascension Parish, Donaldsonville, Assumption Parish, Napoleanville, Baton Rouge, Jefferson Parish, Estelle, Gretna, Harvey, Kenner, Marrero, Metairie, New Orleans, Terrytown, Westwego, Lafayette Parish, Lafourche Parish, Thibodaux, Livingston Parish, Orleans Parish, Plaquemines Parish, Belle Chasse, and St. Charles Parish.
Because an auto accident can create multiple issues and significant needs, an injured party should hire an experienced New Orleans attorney who not only handles car accidents for injured parties, but also has the resources necessary to provide for an injured person’s medical needs as well as the hiring of experts from a variety of fields in order to increase the value of the case. Cliff Cardone has practiced law nearly 40 years and has primarily handled personal-injury matters. If you have been injured in an auto accident, Phone Cardone at 1-888-892-2736 or 504-522-3333 for a free in person consultation. He is direct, insightful, proactive, and passionate about his client’s cases.