Spotsylvania County Car Accidents Involving Cell Phones
Auto accidents involving the use of a cellular device could prove to be difficult to handle by yourself. There are various stances the defense could take to prove that they are liable for damages. For example, if the defense convinces a jury that you were using a cell phone at the time of the accident, that may negatively impact your case. For help with preparing a claim, or for more information regarding Spotsylvania County car accidents involving cell phones, contact a seasoned car accident attorney today.
Rules and Regulations Regarding Cell Phone Use in Spotsylvania
Using a cell phone while driving is dangerous and there are laws to prevent that in any capacity for Prince William County and all of Virginia. Drivers under 18, also known as minors, are not allowed to use the cell phone at all while they are driving. This includes if they have a Bluetooth system or a hands-free system in their car. They are prohibited from using a cell phone in any capacity while driving. Adult drivers 18 or older are allowed to use their cell phone while driving.
Use of a Cell Phone at the Time of an Accident
The use of a cell phone by the plaintiff at the time of an accident could impact the injury claim of the plaintiff. If the plaintiff is one percent at fault for the accident, even if the other driver is 99 percent at fault for the accident, the one percent bars the plaintiff’s claim from proceeding. The judge could dismiss the case. If the judge or jury determines that the plaintiff was being negligent while using their cell phone and driving or the cell phone was creating a distraction that contributed to the accident, the plaintiff might not recover from the accident at all, even if they were injured and the other party was almost entirely responsible. That little bit of responsibility could eliminate their chances of recovery. Reach out to an attorney for more information about Spotsylvania County car accidents involving cell phones.
What Happens if Both Parties were Using their Cell Phones?
An injury claim is impacted if both the injured party and the at-fault driver were found using their cell phone at the time of the accident because both parties were negligent, and if the plaintiff is found one percent negligent or one percent responsible for the accident, their claim would be barred.
Unlike in other states where the plaintiff might be trying to prove that the defendant is 51 percent liable for the accident and they are 49 percent responsible or less, in these cases in Virginia, any evidence that proves that the plaintiff was negligent could prove to be detrimental to the victim’s case.
Main Types of Evidence
Evidence needed to be obtained from Spotsylvania County car accidents involving cell phones include the phone records of the person driving to see if they were in the middle of the call when the accident occurred. They could have been sending or receiving a text message right before the accident occurred. Those are the two main types of evidence to prove cell phone usage.
Availability of Phone Records to Law Enforcement or Insurance Companies in Spotsylvania County
Some consent is required for law enforcement or insurance companies to see phone records of drivers involved in a car accident. Law enforcement may issue a subpoena or get a court order to enforce the seizure of the phone records. Police may not just take a person’s phone any time they want unless they are instructed or given approval by a judge to seize the records.
Insurance companies could subpoena the cell phone records, which does happen. A person could object to the subpoena and a judge would decide whether or not the case warrants the seizure of the cell phone records. This is a common occurrence in Spotsylvania County car accidents involving cell phones.
