Carrollton Accidents Involving Cell Phones
There is a relatively new Georgia statute that addresses the use of a cell phone while driving. However, it is broader than that. The statute, which is criminal in nature, says that it is illegal for someone to use a mobile device while operating a motor vehicle.
Using a mobile device can include changing songs on iTunes or Spotify, texting, and dialing phone numbers. When people get involved in Carrollton car accidents involving cell phones, the at-fault party has broken a law, and may now potentially face a civil claim. If an individual has been hit by a negligent driver and wishes to pursue a personal injury claim, they should consult a skilled car accident attorney that can evaluate their claim and potentially help them pursue a case.
Current Laws Regarding Cell Phone Use While Driving
Any use of a cell phone or mobile device is explicitly prohibited by Georgia statute by a person who is operating a motor vehicle.
When a person is at a full and complete stop, off of the roadway, and in a safe place, they can use their mobile device or cell phone. A driver can also use the hands-free system through their vehicle if they have it.
A driver in Georgia who is under 18 and has a Class D license or a learner’s permit cannot use any wireless device while driving. That includes cell phones, computers, and all texting devices. Carrollton car accidents involving cell phones are not only completely preventable, they are also the result of breaking the law.
Common Causes of Accidents
Carrollton car accidents involving cell phones are quite common. One of the most common causes of any car accident is somebody using a cell phone while driving. That includes texting, talking, or watching a YouTube video. Nine times out of 10, car accidents are due to someone’s attention being diverted by using a cell phone.
Cell Phone Records As Evidence
A plaintiff’s attorney can find out what someone was doing at the time of the accident. They can look at cell phone data reports and call and text reports to find out up to the second what somebody was doing when the accident occurred.
Attorneys can pull cell phone records from providers such as Verizon, AT&T, and T-Mobile and identify exactly what someone was doing at the time of the wreck. The thing about Carrollton car accidents involving cell phones is that the evidence is right there. The cell phone knows exactly where someone is at all times of the day and night.
Plaintiff’s Cell Phone Use During the Accident
Plaintiffs or injured victims are placed under oath during depositions and asked if they were using their cell phone at the time of the accident. They should always tell the truth because the authorities can obtain the cell phone records and find out what the person was doing at a specific time up to the exact second.
Comparative Negligence in Cases Involving Cell Phones
Georgia is a modified comparative negligence state. If a claim goes to a jury trial, the jury is asked what, if any, percentage of fault is placed on the plaintiff and what percentage of fault is placed on the other person, if any.
Insurance defense lawyers focus on plaintiffs using cell phones while they are driving. Cell phone use does not really affect the value of the damages in the case where there is a clear liability such as the at-fault driver running into the back of the plaintiff, running a red light, or running a stop sign.
In situations where accidents occur within intersections where people can make left turns at a red light, it seems nobody knows what to do two cars want to turn left at a red light. Juries may assign some percentage of liability to a plaintiff when the defense lawyer brings up the fact that they were on Facebook at the time of the accident.
What is Required For Police and Insurance Companies to Access Driver Cell Phone Records?
To seize phone records of drivers involved in Carrollton car accidents involving cell phones, law enforcement, and insurance companies must obtain a consent form. Insurance defense lawyers may fight the plaintiff’s lawyers when they threaten to go to the court seeking the relevant information. However, they usually back down and provide the information to the plaintiff’s lawyer.
