Most automobile accidents occur because one of the drivers is distracted. A distraction can be anything from changing the radio station, having other people in the car, and most importantly cell phones. According to an ongoing study in 2011, the NSC (National Safety Council) reported that cell phone use in automobile accidents, some fatal, has gone underreported.
There are many reasons for this information being underreported or not reported at all. The driver does not admit to cell phone use, the witness’s memory is not always reliable, and crash reports are not updated. More importantly, if a state does not have a law against cell phone use while driving, the police will not fully investigate the matter.
What does that mean for the victim? Well, trying to prove that the cause of your accident was due to the driver using a cell phone may be hard to do in court. We have subpoenaed cell phone records, but years later, it is sometimes hard to align the data with the exact moment of time when the accident occurred, which is not often known.
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