Charles E. Boyk Law Offices, LLC
Car accidents may occur for a number of reasons and could produce significant injuries. Frequently, car accidents may result from distracted driving, in particular, texting. A person who has been injured in a car accident with distracted driving may want to consider speaking with a Fremont texting while driving car accident lawyer.
A dedicated car wreck attorney could help a person examine different legal options. The court system in Fremont may be complex and a person who does not fully understand personal injury law could become confused. Contact an understanding attorney who could help articulate the extent of the injuries suffered in a Fremont car accident.
The rules regarding the use of cell phones while driving in Fremont typically disallow any texting and talking on the mobile device. When a police officer suspects that a person is engaging in texting or talking on the phone while operating a vehicle, they could be stopped and ticketed. To avoid a potential citation or an accident, a person may want to consider using hands-off calling, Bluetooth or speakerphone settings when driving instead of texting.
Novice drivers or drivers who have recently become licensed to operate a vehicle may want to strictly adhere to traffic regulations. Specifically, they may want to drive without using a cell phone on the roadway to avoid the temptation of texting or responding to a social media message on the roadway. Incurring a traffic citation could negatively influence a person’s ability to maintain their eligibility to drive.
A person who was injured due to the negligence of a distracted driver that allegedly engaged in texting could severely benefit from meeting with a Fremont texting while driving car accident lawyer. They could help a person file for compensation, which may assist in funding their recovery and living expenses.
The use of a cell phone by the defendant at the time of an accident could impact the injury claim of the plaintiff. A person who was injured in the accident may attempt to argue that when the other driver used their cell phone they breached their duty of care on the roadway. As a result, the other driver could be held as the negligent party as using their mobile device while operating a vehicle may demonstrate a conscious disregard for public safety.
However, if a person who was injured during a car accident was the driver of their vehicle and also engaged in using their mobile device, it could negatively influence their claim. When an injured person is shown to have shared fault in a car accident, the accused party could argue there was comparative negligence. This could limit the amount of damages that a person may collect from a compensation claim.
The type of evidence that may need to be obtained in a car accident claim or suit involving cell phones could include cell phone records. Under the insurance contract, the owner of the insurance policy typically would have a legal duty to cooperate with their insurance company. If a person’s insurance company requested the cell phone records, they may have a duty to sign an authorization and cooperate. Otherwise, they could risk losing their insurance coverage. There is generally no legal right to get the other side’s cell phone records. However, in a lawsuit, the side trying to get the other side’s cell phone records could either subpoena those records or in discovery, or in interrogatories may request for production of documents and ask that certified copies of that information be provided under the Ohio rules of civil procedure.
When a person becomes injured in a distracted driving car accident, they may want to schedule a meeting with a Fremont texting while driving car accident attorney. Medical bills can become expensive quickly and compensation may help an injured victim address financial concerns during recovery. Consult a skilled injury lawyer today to begin filing a claim.