Proving Cellphone Accident Claims
If you are pursuing an auto accident claim, you might have to prove how the defendant caused your accident. For example, if you are alleging that the accident was caused by cellphone use by driving, here are some of the proofs you might need.
One Hand Driving
Studies show that driving with one hand is more dangerous than driving with two hands. For example, lane maintenance is difficult with one hand, and you can easily swerve onto the next lane and cause an accident. Also, your reaction time reduces when you only have one hand on the wheel; steering to avoid an emergency takes longer than it would with two hands on the wheel. Thus, if a motorist swerves into you while holding a cellphone with one hand, you can argue that they might have controlled their car if they had two hands on the wheel.
Taking Eyes off The Road
Using your phone will driving can also force you to take your eyes off the road. Trying to read the caller's identity, scrolling the text messages, replying to texts, or even searching for contacts all force you to take your eyes off the road and glance at the screen. Even a minute with your eyes of the road is enough to cause a crash.
Say a child strays onto the road and the lead motorist steps on the brake to avoid hitting the child. If the rear car is tailgating the lead car, and the rear motorist has their eyes on their phone, they can easily rear-end the lead car.
People react in different ways when they receive emotional news. Many people have involuntary reactions first before calming down to make voluntary reactions. Some people stomp their feet, others tighten their hands into fists, and others even jump. Such involuntary reactions can cause an accident. Good news, bad news, or startling news can all cause such involuntary actions. Again, you can use the news and the driver's reaction to hold the driver responsible for the crash.
Experiencing Cognitive Distraction
It is not just physical distractions that can cause accidents; even cognitive (of the mind) distractions can cause accidents. Therefore, even if you have your eyes on the road and both hands on the wheel, a cellphone can still distract you enough to cause an accident. For example, a motorist can get so lost in a conversation that they drift out of their lane while speaking on the phone.
Proving an auto accident claim is not easy; the court will want to see how exactly the defendant is the cause of your woes. An auto accident attorney, like those at The Lombardo Law Firm, can help you with the necessary proof.