Automobile Accidents - Distracted Drivers
If you are injured in an automobile accident and retain legal representation be sure that your personal injury lawyer files discovery to find out whether or not the operator of the other vehicle was on the cell phone or even texting when the collision occurred. This determination can help with liability as it shows the driver of the other vehicle was distracted and therefore helped to cause the collision.
One case that was handled by Karns & Kerrison and involved a serious brain injury was the result of a traveling sales lady for a medical drug company who adamantly denied being on her cell phone. When she was forced to reveal the name of her cell phone company at a deposition and the records were subsequently subpoenaed, it was discovered that she was not only on the cell phone at the time of the accident, but was rarely off the cell phone the entire morning.
It was also discovered, by the use of a private investigator, that the woman who caused the accident while on the cell phone had been fighting with her boyfriend and was late for a drug sales appointment with a local doctor at the time of the accident.
All of these pieces of evidence, taken together with the fact that the woman had initially not been forthright, helped in proving the case.
Another reason to find out if the other operator was on the cell phone goes beyond liability and extends to other parties being involved, or vicarious liability or respondeat superior. What this means is that if the person who caused the accident while on a cell phone or texting was on company business, then this can make the company they work for liable along with themselves, thereby adding to the recovery by bringing additional insurance policies into the claim.
Karns & Kerrison is extremely experienced in handling automobile accidents of all types, and always investigates all possible issues - including whether or not the responsible party was on their cell phone or texting at the time of the incident.
If you or someone you know has been involved in a car accident of any kind, you need personal injury attorneys who know the law. Karns & Kerrison Personal Injury Attorney Robert T. Karns offers free consultations and no fee unless successful. His experience in handling Personal Injury cases of all kinds is extensive, and he is familiar with reviewing the kinds of data that can help prove negligence in an injury situation. Contact him now at any one of their easy to reach Rhode Island locations for a free consultation or more information.