Cell phone use while driving is specifically prohibited in most states, but many drivers still continue to make cell phone calls, knowing that they are unlikely to be spotted by a police officer. Unfortunately, the distraction can be fatal, or at the least, cause a serious accident. All it takes is a few seconds of less than normal concentration on the road and a collision can happen with another road user.
Side impact crashes are often caused by distracted drivers using a cell phone. If you have been injured in such an accident caused by a distracted driver, you may be able to recover compensation through a personal injury claim made against the driver’s insurance policy. You will stand a better chance of success if you obtain legal help from an experienced personal injury attorney.
What is the Chance of a Side Impact Accident Caused by a Driver Talking on a Cell Phone?
Unfortunately, cell phone use is one of the most common reasons for distracted driving accidents. Most states now ban cell phone use, although many still allow hands free use. All cell phone conversations may potentially be distractions when driving and could cause an accident. If the driver is passing another vehicle at the time, this could lead to a side impact collision.
It’s hard to imagine someone using their cell phone at an uncontrolled intersection, but it does happen. If concentration is lost at this important point, it is quite feasible that the distracted driver could slam into another vehicle on the side, potentially forcing the vehicle and its occupants off the road or into the path of another vehicle altogether.
Possible Side Impact Crash Injuries
There are no specific side impact crash injuries, although the worst injuries are caused when a vehicle is hit on its side by another, larger vehicle emerging from a side road, a driveway, or an intersection. Injuries may vary from minor cuts and bruises and emotional shock right through to extremely serious injuries like brain injury and spinal injury.
The severity of the injury from a side impact collision depends on the speed at which the impact takes place, the relative sizes of the vehicles involved, and whether the hit vehicle is forced into the path of other vehicles or off the road into a solid object, like a wall or a ditch.
What You Could Do to Recover Damages
Medical treatment is essential, even if you are only slightly injured. Documentation of the nature of the injury is necessary, and you must also be able to prove that the other driver’s action caused your injuries and was avoidable. A driver who was using his or her cell phone at the time of the accident would certainly be regarded as negligent, but it may be hard to prove. If you saw the driver using the phone, or suspect that was what happened, you may be able to get phone records from the driver’s cell phone company through a sub-poena requested by your attorney.
Why You Should Use an Attorney to Help You With a Personal Injury Claim
Distracted driving accidents may be commonplace, but it can be hard proving that distraction was the cause of the accident that led to your injuries. You may find that the other driver’s insurer does all it can to avoid paying compensation, even blaming you for your own injuries. This is when the help from an experienced personal injury attorney can make all the difference.
