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 cellphone 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 cellphone and caused your accident.
Determining if a Driver Was Using a Cellphone
Proving a driver was using a cellphone 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 cellphone was the cause of the accident.
Ways to Prove Driver Negligence Due to Cellphone Use
- Ask the driver. The driver may admit using a cellphone 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 cellphone.
- Look for evidence of a cellphone. There may be a cellphone visible in the car that can help prove the driver was using it at the time of the accident.
- Check cellphone records. Authorities may be able to check the cellphone 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 cellphone 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 cellphone 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 cellphone, family members have the right to file a wrongful death claim against the negligent driver.
Have You Been Injured in a Car Accident?
If you've been hurt in a car accident, you need to speak to an experienced car accident lawyer as soon as possible. Please contact us online or call our Warwick office directly at 401.946.3200 to schedule your free consultation. We help accident victims in Providence, Warwick, and all areas of Rhode Island.