Accidents Involving Cell Phones in Montgomery County

Maryland prohibits, by law, the use of handheld cell phones while operating a motor vehicle. Thus, a person using a handheld cell phone while driving may be deeded contributory negligent for the accident and therefore be barred from recovery. Of note, a person may use a cell phone while driving so long as the driver is using a hands-free device such as Bluetooth.

Generally speaking, no one should be using a cell phone for any reason while driving. If a person is using a hands-free device while driving, although it may be legal, this information is still likely admissible evidence for a jury’s consideration of the driver’s contributory negligence. An experienced Montgomery County car accident lawyer will know how to bring these issues up in court, should their client be involved in a vehicle as a result of another person’s inattention to the road while on their phone.

Novice Drivers and Cell Phones

Novice driver is a term used to describe a person who does not have a lot of experience behind the wheel. This usually refers to a younger person, who is learning to drive or recently learned to drive. The State of Maryland places certain restrictions on a new driver’s license to avoid any potential safety risk based on that person’s lack of experience.

Additionally, someone who is new to driving will typically need to pay even closer attention to the road than someone who has been driving for years. They are still getting used to the intricacies of driving and cannot afford to have their attention diverted.

Impact of Cell Phone Use on Accident Claim

Cell phone use will likely have some impact on your Montgomery County car accident claim if you were using your cell phone at the time of the collision. The overall effect on the claim really depends on all of the details regarding the use of the cell phone and the incident. It is important for the claimant to disclose this information to his/her car accident attorney early on in the case, so that this issue can be fully evaluated and dealt with at the outset and not later on down the road.

Should this information be kept from a Montgomery County car accident lawyer only for it to be unveiled further down the claim’s timeline, it will throw a huge wrench in someone’s case.

If Both Parties Were Using Cell Phones

Depending on the facts of that particular case, cell phone use is likely an admissible piece of evidence and its overall effect on the claim will be determined by the jury. Simply because both people are using cell phones at the time of the incident does not cancel that fact out from consideration. Each case needs to be evaluated on a case-by-case basis and how or why a person was using his/her cell phone will be one of the factors considered in determining fault for the collision.

Types of Evidence for Montgomery County Cell Phone Accident Claims

When a lawsuit is initiated, either party can obtain the cell phone records of the other party through the use of a subpoena. A Montgomery County car accident attorney can help clients filing subpoenas to get such evidence admitted into their claim.