Car accidents occur for a variety of reasons, and one of the most common is distracted driving. The use of a handheld mobile electronic device such as a cell phone is not only distracting, it’s illegal in Rhode Island. Our Rhode Island car accident lawyers explain how to prove a driver was using a cell phone and caused your accident.n is
Determining if a Driver Was Using a Cell Phone
Proving a driver was using a cell phone at the time of an accident can be a challenge. There are several methods that can be used by the insurance company or law enforcement to help determine if a driver’s use of a cell phone was the cause of the accident.
Ways to Prove Driver Negligence Due to Cell Phone Use
- Ask the driver. The driver may admit using a cell phone at the time of the crash and was distracted. This may be all the proof needed to show they were negligent.
- Alert the police. If you are reporting the crash, alert the police that you observed the other driver using a cell phone.
- Look for evidence of a cell phone. There may be a cell phone visible in the car that can help prove the driver was using it at the time of the accident.
- Check cell phone records. Authorities may be able to check the cell phone for any calls or texts that may have been sent or received around the time of the accident. This can serve as evidence to support your claim.
The Benefits of Using an Experienced Car Accident Lawyer
Hiring a car accident lawyer is essential for your case. To prove the phone user’s liability for the accident and your injuries, you will have to prove their negligence. You may not be able to access cell phone records or other information on your own, but a lawyer can do this as part of their investigative process. A lawyer can also protect your legal rights and possible compensation.
How an Attorney Can Advocate on Your Behalf
- An attorney can gather necessary evidence to support your claim.
- An attorney can make sure you are within the statute of limitations for filing a personal injury claim.
- An attorney can negotiate with insurance companies on your behalf, so you are not rushed into settling your claim for the least amount of money.
- An attorney can determine the value of your case by evaluating your injuries and recoverable damages.
- An attorney can represent you in court if the insurance company does not settle your case.
- An attorney can ensure you get a fair and full settlement.
Possible Compensation for Your Injuries
If the driver using the cell phone is found negligent for the accident and your injuries, you may recover compensation for:
- Medical costs
- Lost income
- Loss of future earnings
- Rehabilitation costs
- Pain and suffering
- Property damage
- Out-of-pocket expenses
In addition, if a loved one was killed as a result of a distracted driver using a cell phone, family members have a right to file a wrongful death claim against the negligent driver.
Contact Us Today
If you were injured in an accident in Rhode Island and need help proving the at-fault driver was using a cell phone, contact our team of experienced car accident lawyers at Kirshenbaum & Kirshenbaum. To schedule a free, no-obligation consultation, contact us online, or call our office at 401-946-3200.