Ocala Cellphone Car Accident Lawyer
It is important for people to be focused on the road and not be distracted when operating a vehicle. One of the major distractions while driving is the use of a cellphone. The National Safety Council reports that cellphone use while driving leads to 1.6 million car wrecks each year. In the United States, one out of every four car accidents happens due to texting and driving.
This is why laws have been put in place to prevent such wrecks from occurring. If you have been in any accident involving cellphones, contact an experienced Ocala car accident lawyer to see if you are able eligible for compensation.
Cellphone Usage is a Distraction
Distracted driving is doing any activity that takes someone’s attention from driving. The chances of a car wreck are dramatically increased due to distracted driving. The three main types of distraction are:
- Visual – taking eyes of the road
- Manual – taking hands off the steering wheel
- Cognitive – taking the mind off driving
Local Laws Regulating Cellphone Usage While Driving
Individuals in Ocala may use their cell phone to talk while driving, but texting and surfing the internet is prohibited. Using social media while driving is also against the law. Some experts believe that texting while driving is more dangerous than drinking and driving.
Most car accidents involving cellphones are actually due to someone talking on the phone, not texting and surfing the web. This is why the best practice is to either use hands-off setting, which includes Bluetooth and speakerphone or to just refrain from using the phone, period.
Younger drivers tend to communicate via text messages or through social media, and because they are more inexperienced behind the wheel, they need to understand the seriousness of the law so they can avoid Ocala accidents involving cellphones.
Assessing Liability in Accidents Involving Cellphones
If the plaintiff is utilizing a cell phone at the time of the accident, a jury could potentially apportion some fault for the accident to the plaintiff.
If the defendant is utilizing a cell phone at the time of the accident, it can impact the percentage of fault that the defendant may incur as a result of causing the accident. Also, if the defendant was texting while driving or using their phone in a negligent manner, a jury could potentially award punitive damages against the defendant.
In Florida, if both the defendant and plaintiff were utilizing their cell phones at the time of the accident, a jury could potentially apportion of fault to both parties.
Evidence Needed in a Claim
In most cases that are litigated, cell phone records for the defendant will be subpoenaed by the plaintiff’s attorney to determine if the defendant was utilizing the cell phone at the time of the impact and who the defendant was communicating with, which will impact the jury’s determination of fault.
A subpoena will usually be utilized to obtain cell phone records. In some cases, the defendant will provide those records without a subpoena to the plaintiff.
Contact a Car Accident Lawyer Today
An attorney can help the injured party with gathering evidence and producing a claim. A professional attorney that has the experience dealing with Ocala accidents involving cellphones can help you get you the compensation you deserve.