How does talking on a cellphone or texting while driving affect a car accident claim?

Posted By on April 19, 2016

In this video, Alan Sackrin answers a question that he has been asked many times before by clients and visitors to this site. If you have questions after watching the video, Alan is available to talk with you now and answer your questions free of charge:

Q: How does talking on a cellphone or texting while driving affect a car accident claim?

A: Talking on a cellphone or texting substantially and seriously affects a car accident claim, expecally if the liability is in dispute. It can affect the plaintiff’s ability to recover if, in fact, it was the plaintiff or the injured person who was texting or talking on the cellphone. It can affect the– it could help that plaintiff if, in fact, the defendant driver was on his or her cellphone. Lawyers will always ask for that information, ask for cellphone information and try to subpoena records. But it is substantial evidence that a person was not paying sufficient attention to the road, as many studies have showed, that texting while driving is the equivalent of drinking while driving, and while talking while driving is maybe not as significant as texting but also distracts a person from proper driving.

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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

 

 

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