The rise in usage of cell phones and other handheld devices means that there is yet another distraction that can cause a car accident. Many states, including Connecticut, have implemented strict laws about what is not allowed while in the driver’s seat. If you were injured in a crash that involved a phone, you should speak with a Bridgeport texting while driving accident lawyer. George W. Ganim, Jr., an experienced car accident attorney, can investigate your claim and inform you of how to recover financial compensation for your injuries and losses.
Drivers are not permitted to use their hands to call, text, or search the internet on their cell phone. A driver can talk on speakerphone, use a wireless Bluetooth, get a car kit installed and they can use their navigation system, but anything beyond that is prohibited. If you have a phone to your ear while driving, the law will presume that you are speaking to someone, even if you are not. An exception can be made if you are calling for emergency services.
There are no extra prohibitions for novice drivers as compared to experienced drivers. If a novice driver breaks handheld device laws while driving, they could have their license suspended, especially if it causes an accident. A Bridgeport cell phone usage lawyer will have vast experience with these laws and can answer questions that you have about what is not allowed when driving.
If it is determined that a driver was distracted by a cell phone when they got into an accident, that detail can be used against them. Even if the other driver was responsible for ignoring laws and causing the crash, the injured party could still be held partially liable for not paying attention if they were using a device while driving. This is due to Connecticut’s comparative negligence laws. If the court places a percentage of fault on the injured party, then their final award of compensation will be reduced by that percentage.
Because cell phone usage is strictly prohibited in Bridgeport, it can be held against either party if they were found to have been using one at the time of the crash. If the at-fault driver was the one using a cell phone, it is likely that they would be held 100 percent responsible for the accident. A local texting while driving accident attorney can fight to reduce or eliminate the fault assigned to their client.
Attorney Ganim can subpoena the cell phone company records in order to get a timeline of when that particular person was using their phone. If it lines up with the time of the accident, then that is powerful evidence that can be used in court. If a criminal charge is warranted, law enforcement can also subpoena cell phone records. A subpoena means that the action is approved by a court of law. Law enforcement or lawyers cannot access these records without expressly-granted permission.
Every driver has a responsibility to operate on public roads with a duty of care. That includes refraining from using a handheld device. If you believe someone violated this duty, a Bridgeport texting while driving accident lawyer can help. Call Attorney George W. Ganim, Jr. for a free consultation.