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Who is to blame when a cell phone causes a car accident?

Posted by Siamak Vaziri | Nov 12, 2021 | 0 Comments

Vaziri November 12, 2021

Determining liability for a car accident is not always easy. Especially when the use of a cell phone caused it. At the end of the day, the responsible person can claim that he or she was not distracted, talking or texting, while driving.

The victim (the person who is injured) has the right to initiate legal proceedings to obtain compensation for damages. However, what can be done in these cases to prove that using a cell phone caused the accident? Well, lawyers commonly have to gather certain information for the investigation of the case, such as police reports, medical reports, witness statements, etc. In addition, if there is a suspicion that the person was using their phone, there are a few other things that can be checked in an attempt to prove the situation.

  • Security cameras. As in any other accident, the videos recorded on security cameras can be crucial to reconstruct the accident and know what happened.
  • Witnesses. Remember that witness statements can be very important in some situations. If someone witnessed the accident and realized that one of the drivers was distracted, this piece of information would be key to the case.
  • Black boxes. Some vehicles already have black boxes, which will soon be mandatory for all cars. These black boxes record the movements that a vehicle makes, such as acceleration, deceleration, use of the belt and safety devices, location, and car speed at the time of the accident.

If this is not enough and cell phone use is still suspected as the cause of the accident, the lawyers could also request:

  • Records of the driver's calls. Through these records, it can be established if the driver was on a call at the time of the accident or if he/she was sending text messages.
  • Cell phone records. The same device can give us information about its use at the time of the accident. Through this you could see if the driver was checking messages, watching social networks, or using any other system tool.

The same phones help us gather a lot of information, and they can be key witnesses in the case. If you have been involved in such a situation, give us a call today!

About the Author

Siamak Vaziri

Attorney Siamak Vaziri’s mission is to help make his clients whole by obtaining maximum physical, emotional, and financial recovery. Mr. Vaziri’s clients' needs come first, evidenced by his 98% success rate, more than $1 Billion in client settlements and verdicts, as well as 100+ 5-star reviews. Mr. Vaziri invests every resource to nurture his client and partner relationships and does so with integrity and a relentless work ethic.


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