Houma Car Accidents Involving Cell Phones

Operating a cell phone while driving can be dangerous. An individual is distracted from the road while using their cell phone and increases their risk of a car accident. Houma car accidents involving cellphones can be serious.

Due to the laws in place, if you have been in a Houma car accident involving cell phones, a qualified car accident attorney may be able to seek compensation for your damages suffered. Contact Kopfler & Hermann today to discuss your legal options.

Local Regulations Involving Cell Phones

Under the statewide law, any driver who is 17 years or younger is not allowed to use a cell phone except to report a traffic crash, in situations in which they believe their personal safety is in jeopardy, or to prevent a crime if they are lawfully parked.

Regarding older individuals, a law in Louisiana that prohibits using smartphones to access social networking sites, to make a telephone call, and write or send a text message in a school zone; otherwise, adults are not prohibited from using cell phones.

Even if someone is an adult and was not legally prohibited from using cell phones while operating a motor vehicle, it certainly can interfere with keeping a proper lookout because when a vehicle is traveling 45 or 55 miles an hour, a cell phone will be a distraction. This has led to a lot of car accidents involving cell phones in Houma.

Contributory Negligence

If someone is using a phone and they are not paying attention, then that would be additional evidence of their negligence because some use of cell phones, particularly while someone is holding them in their hands, would indicate that the person did not have both hands on the wheel. It would also indicate that they may be looking at their cell phone instead of the road ahead, and so they would be considered a distracted driver, thus contributing to Houma car accidents involving cell phones.

The injury claim may be impacted if both the injured party and the at-fault driver were found to be using their cell phone at the time of the accident, but results are going to vary from case to case. If both drivers are on their phones in an intersection collision, that could seriously impact how much the party bringing the claim could recover because of comparative fault.

If they are using a cell phone, they cannot be found at-fault when their car is parked or when they are stopped lawfully on the roadway at a traffic sign or a traffic signal. The fact that they are utilizing a cell phone and then are harmed by someone else probably will not affect their claim at all, but if it is a case in which they are required to keep a proper lookout and the utilization of the cell phone interferes with that, the injured party’s claim could be reduced comparatively by their lack of attention.

Evidence Needed

Necessary evidence regarding Houma car accidents involving cell phones would include the cell phone number of the parties, particularly the defendant, and the carrier such as AT&T, Sprint, Verizon, or whatever company that that individual uses to make cell phone calls, text messaging, social media and the like.

The number and the electronic record of the use of the cell phone or smartphone at the time of the crash can be used to effectively prove that someone was not keeping a proper lookout. The conclusion would be that they were on their cell phone even if they deny it. It would be possible to get proof from the carrier.

Unless there is litigation involved where a person can use the power of the court with a subpoena, an individual would have to have a written consent of the cell phone user to obtain that information from their carrier. It is generally considered private and the carrier is not going to divulge that information without the power of a court order in the nature of the subpoena.

Discuss Houma Car Accidents Involving Cell Phones With an Attorney

If you have been involved in a Houma car accident involving cell phones, it is important to know that you have legal options. A dedicated attorney at Kopfler & Hermann is here to guide you from start to finish of your case and help you pursue the compensation you deserve for your suffering. Call today to get started.