California Personal Injury Law Firm

Cell Phone Accidents Lawyers

Cell Phone Caused Vehicle Accidents
As of July 1, 2008, it is now illegal in California to drive a motor vehicle and talk on a hand-held cellular phone without the use of a hands free device. California Vehicle Code Section 23123 provides:

“A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.”

Because this law was passed to increase safety and reduce injuries, a violation of this statute while causing an accident, will create a finding of negligence per se against the driver in a lawsuit for personal injury. Use of a cell phone while driving could even subject the guilty party to felony manslaughter charges if someone is killed or seriously injured. Punitive damages may even be available.

Drivers who are under 18 years of age are even more restricted in their use of wireless devices. California Vehicle Code Section 23124 provides:

(a) This section applies to a person under the age of 18 years.
(b) Notwithstanding Section 23123, a person described in subdivision (a) shall not drive a motor vehicle while using a wireless telephone, even if equipped with a hands-free device, or while using a mobile service device.

As of January 1, 2009 it is also unlawful for drivers to send, write, or read messages on cell phones or other electronic devices. Many employers may create policies forbidding the use of cell phones while driving since they are vicariously liable for the negligence of their employees. Some jurisdictions have completely prohibited the use of cellular phones while driving, even with wireless hands-free devices because of the inherent and known risks of injury.

The National Highway Transportation Safety Administration (NHTSA) estimates that at any given moment during the day, almost 10 percent of all drivers are talking on a cell phone. Some statistics suggest that the leading cause of all motor vehicle accidents today involve drivers who were using cellular phones at the time of or just prior to the accident. According to a 2006 study by the NHTSA, inattentive drivers, including those on cell phones, account for 80 percent of crashes.

Obtaining proof that the other driver was using a cellular phone or other wireless communication device just before an accident requires fast action and the knowledge of where to look for the evidence. Detailed information regarding the driver’s use of a cellular phone is privacy protected, only preserved for a short time, and requires the subscriber’s authorization, court order, or subpoena. To establish the time of the accident, 911 calls are very helpful, but these records are also privacy protected and saved by law enforcement and the phone companies for only a limited time.

Our Southern California automobile accident lawyers have been successful at obtaining a number of favorable verdicts or settlements, some in excess of $4,000,000, where we were capable of proving that the defendant was driving while using a cellular phone at the time of the accident.

If you or a loved one has been involved in any sort of traffic accident that resulted in serious injury or death, it is important to contact an attorney right away. An attorney can help preserve essential evidence, investigate the accident scene, handle communication with insurance companies and obtain witness testimony necessary for cases that go to trial. Our attorneys have the experience and skill you need to get the maximum compensation you are entitled to under the law.

Call us at 877-742-5290 to speak with our experienced Los Angeles area celll phone accident attorney today.

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