In DC, Maryland and Virginia it is illegal to use a handheld cell phone while driving. In addition to breaking the law, using a cell phone can make the person responsible for the car accident.
After a car accident, you have to prove that you were injured because of someone else’s carelessness. You must prove that the driver who hit you or person who caused the accident was negligent and this led to your injuries and damages. In DC, Maryland and Virginia, if you were in any way at fault, you lose. This is known as the law of contributory negligence. This means that if the “other guy” was 99 percent at fault and you were 1 percent at fault, then you cannot recover anything.
So how does using a cell phone have anything to do with this?
Drivers were using a cell phone right before or during an accident, should be held responsible. By using a cell phone, your focus is split between your cell phone and the road. Maybe your eyes were off the road if you were looking at the phone to text or dial a number. Basically, using your cell phone causes distraction which can lead to carelessness on the road.
If you were in a car accident and want to know more information about the different types of law involved in personal injury cases, download one of our free consumer guides or call us at (202) 393-3320.