Cell phone distractions often surface in many forms. A single distraction is enough for diverting the driver from the steering wheel, which can result in a mishap. When you get a call, you need to hold the mobile in one hand while the steering is guided single handed. This reduces the driver’s ability to manoeuvre. Also, while in a conversation the driver hardly hears the horn or ambulance sirens.
Texting and emailing are other distractions. In these actions, the driver has to focus on the phone for a few seconds, which is total diversion and may cause serious accident. Young drivers sometimes don’t realize the link between time and speed. This false sense and lack of experience may result in a collision.
Rubbernecking is a plea to take photos. However, it slows down the traffic and causes distraction leading to accidents. In addition, GPS system if used without verbal readout may pose a risk. This also diverts the driver’s attention. Using Skype videophone is even more dangerous while driving.
Hands free devices also distract a driver. Here there is distraction of the thought process and cars from different directions entering the road are not noticed.
If the driver is distracted, he/she is legally in charge for all the damages. One should understand the legal liability process while understanding the responsibility over car accidents. Every driver is officially accountable for what happens on the road and for each one, who is sharing the road.
If the driver has intentionally distracted himself, he breaches the duty of care of all other drivers. This is called negligence. In case, this results in an accident, the driver is liable for the damage. The working is as follows –
– Breach of duty is negligence.
– Negligence causes accidents.
– Car accidents lead to damages and injuries.
– Cell phone interruption is breach of duty.
– Negligent driver should legally compensate for the victim’s damages.
The reasonable damages compensated are –
- Medical bills
- Property damage
- Pains and sufferings
- Out of pocket expenses
The victim should prove –
- There was direct negligence
- The cell phone distraction was the cause of the accident
- Evidences should show how the damage took place.
Following should be a part of the case legally –
- State laws
- Police reports
- Photographs or videos
- Witness statements
- Cell phone records
- Medical account and bills
Examine your damages so that you can decide if you need a legal representative. Small injury cases can be handled on your own. However, serious injuries involve legal help and also your finance is at risk. Your attorney shall take care of the entire lawsuit and any complex legal tasks. Thus, if you need an experienced and best attorney it is best to visit caraccidentlawyersydney.com.
The total elimination of liability is impossible regarding employee rules and regulation. There are numerous safety measures that can be taken for both employer as well as employees –
– Prohibit use of cell phone
– If it is too urgent, using a hands free while driving
– Employees should know all state cell phones laws
– Only brief calls should be allowed
– Personal calls should be prohibited