I Was On My Phone When My Accident Occurred – Can This Affect My Claim?

If you have been injured in an accident, you may be eligible to file a personal injury claim to recover monetary compensation for your losses. These losses can include your medical bills, lost wages, and any adaptations you will have to make following your accident to make it easier to live with a temporary or permanent disability.

However, if you were on your phone when your accident occurred, you may be held responsible and thus entitled to nothing. Or, if your negligence was only one of a number of factors that contributed to the accident, the amount of money you may recover for your injury may be reduced according to the percentage you are found to be liable for the accident. This principle is known as comparative negligence.

The key element in a personal injury case is that another party was responsible for your accident. Personal injuries are injuries that you did not cause yourself. If the court or another party involved in the accident can prove that you were using your phone while driving it can affect your claim.

WAS I NEGLIGENT?

If your eyes were taken off the road to read a text message or your hands were taken off your steering wheel or gear shift to hold a cell phone, you may be held responsible for your accident. Every state has an anti-texting while driving law in effect and many have laws against using handheld devices while driving. You could even face a personal injury claim from another driver or pedestrian injured in the accident. You may also be held responsible for damages to another driver’s vehicle or other property.

If you are a commercial driver, it is important that you be more vigilant on the road than drivers in private vehicles. This is because of the perception that many people have of truck drivers – that they are hyper-focused on their drive logs to the point of ignoring the rules of the road. 

In any lawsuit regarding a trucking accident, the court will examine your phone log to see if you were using it at the time of the accident. Do not allow yourself to be found responsible for using your phone while driving. Although using a Bluetooth device can make driving while talking on the phone safer, it may still be a violation of the law.

To learn more about liability in trucking accidents and the negligence laws that may apply to you, contact The Hurt Boss at 1-(770) 878-2552 or on the web to schedule your free legal consultation. We understand the unique challenges and professional regulations that drivers face. Let us advocate for you and provide you with top-quality legal advice and representation by contacting our firm today.