It’s not breaking news to say cell phones and driving don’t mix. States all over the country including Pennsylvania are moving to prohibit talking and/or texting while driving for good reason. The devices distract drivers and make dangerous accidents much more probable.
But in addition to the dangers to the driver and the surrounding cars, accidents involving cell phone use have far-reaching implications. In my 20 plus years as an accident attorney in the Philadelphia area, I’ve seen other people/situations put at risk by this dangerous distraction. Take a look:
Parents of Teenagers
Giving your teenager a cell phone can be a helpful, responsible act. But you must make sure he/she understands the danger of using the phone while driving. In a recent case, the plaintiff argued the parents were legally responsible for an accident that occurred while the child was driving because the child was using a parent-provided phone when the accident happened. While the issue is still undecided, the point is clear: parents may be held responsible for their child’s accident if the child was talking on a phone at the time of the collision.
The Injured Plaintiff’s Court Case
Even if the other party caused the accident, receiving compensation becomes difficult if you were on the phone immediately before or during the collision. Why? Because you can be found to have contributed to the accident. This could reduce the payout as well as the opponent’s willingness to settle.
Employers
An employer might be legally responsible for a car accident caused by an employee if the employee was on a work-related call at the time of the accident. In such a case, the injured person is more likely to sue the employer, rather than the employee-driver, because the employer typically has a higher amount of insurance coverage. This is why growing numbers of employers prohibit employees from making or taking work-related calls while driving.
Insurance Costs
Cell phone use is becoming a major point of emphasis for insurance companies. If you cause an accident and cell phone use becomes a proven factor, your premiums will most likely rise. Even tickets for cell phone use are causing some insurers to raise rates.
A Real Problem with a Simple Solution
Examples of careless driving caused by cell phones include:
- Driving with only one hand on the steering wheel
- Taking eyes off the road to reach for a cell phone or dial a number
- Failing to keep a proper lookout and to pay attention to surrounding dangers because of distractions caused by the cell phone (this includes being distracted by a passenger’s cell phone use)
- Being distracted by a conversation on a cell phone (according to some studies, being involved in any kind of conversation particularly an emotionally charged one is enough to distract a driver and cause him or her to drive carelessly).
I know it’s easier to say than to do, but the best way to avoid all these potential dangers is to remove the distraction altogether. Put the cell phone away. Use a legal blue tooth device. And always concentrate fully on the road.
For Philadelphia-area residents, my personal injury law firm is available for free consultations during the chaotic time after an auto accident. Call (267) 627-4JOE (267-627-4563) or visit www.yourharvardattorney.com to set up an appointment. My law firm’s Automobile Accident FAQ is a tremendous free resource for legal facts regarding auto accidents in Philadelphia and its surrounding counties.
