Texting While Driving Accidents in Parkersburg

One of the most common causes of a vehicle crash is distracted driving, and that often comes in the form of mobile device distraction. Texting while driving accidents in Parkersburg are unfortunately common but you could recover damages if you were hurt due to this unfortunate incident.

Motorists cannot text and drive, nor can they use any device that requires them to use their hands. As long as they are using hands-free maps and speakerphones, they are permissible. There are not any special prohibitions for teenage or novice drivers, either; they are allowed to listen to the radio and operate their vehicle the same way as anyone else, as long as they remain hands-free.

Contact our trusted car accident attorneys if you were injured because someone broke the law and caused a crash while distracted with a cell phone or other device.

Defendant’s Use of a Cell Phone

Confirmed usage of a cell phone by a defendant at the time of a crash in Parkersburg is going to help the plaintiff because that would be considered distracted driving. If proven, the defendant can be cited for that same violation. Use of a cell phone by a defendant can also be helpful when discussing settlement and claim values, because juries typically do not like to see that the accident may have been caused by a motorist breaking the rules of the road so carelessly.

Plaintiff’s Use of a Cell Phone

If the plaintiff was violating one of the local rules regarding cell phone usage while driving, that fact could be used as a mitigating circumstance when it comes time to discuss damages. The defense counsel or the insurance company could use that information to impose comparative negligence, whereby the plaintiff and defendant(s) would each be assigned a percentage of fault, and any damages awarded to the plaintiff would be reduced by their assigned percentage of fault.

If both the plaintiff and defendant were using their phone at the time of the crash, the situation may offset itself a little bit, but as long as the defendant was cited with improper usage of a cell phone and they were the one who broke the rules of the road, the plaintiff should still be in good standing to recover compensation.

Obtaining Cell Phone Records

During the course of discovery, it is important for a Parkersburg lawyer to try and obtain cell phone records that confirm whether the defendant was using their device at the time of the crash. However, prior to the filing of a suit, they would not be authorized to obtain the defendant’s cell phone records. If necessary to disprove comparative negligence, they could obtain the plaintiff’s records to prove their device did not play a role in the crash.

While law enforcement might be able to obtain the defendant’s records for a criminal charge, Personal Injury attorneys would not be able to obtain them until a civil lawsuit is actually filed.

Ask Our Parkersburg Attorneys for Guidance After a Texting While Driving Accident

There will often be a record of exactly when a cell phone was being used – and that can come in handy when you believe it played a part in a vehicle collision. It is important that you contact Jan Dils, Attorneys at Law as soon as possible. Our experienced legal team could explain everything you need to do in the aftermath of a texting while driving accident in Parkersburg.