If your motorcycle accident was caused by a driver who was talking on a cell phone or texting, you may have a good personal injury case against that driver as long as you can prove they were negligent. Especially in states that prohibit handheld cell phone use or texting, the law is on your side. A motorcycle accident attorney can help you learn about the relevant regulations in your area and negotiate with the driver's insurer for a settlement that covers all your accident-related expenses.
Relevant Laws
As of July 2015, using a handheld cell phone while driving is illegal in 14 states. Nearly all the states prohibit texting behind the wheel. Police officers can stop drivers doing these activities and issue citations.
In addition, municipalities and counties also may ban these actions even if the state does not.
What You Need to Prove
The foundation of your case involves whether the other driver actually was at fault and negligent. Law enforcement officials at the scene should have determined which of you caused the accident--or which of you was primarily at fault if both of you were negligent in some way.
For example, the other driver may have been primarily at fault if they were heading toward you and made a turn in front of you, but you would have been somewhat at fault if you were speeding.
If the driver was using a cell phone and this is illegal in your region, that bolsters your case because the jurisdiction has decided that doing so is a distraction. Even if using the phone is legal in your area, you still may be able to claim distracted driving against this individual if their actions support that allegation.
Providing Proof
It's not always possible to prove that another driver was using a phone. If a police officer issued a citation, that's solid evidence. If not, you may be in a situation where it's your word against the other driver's. You may need witnesses to verify that this behavior was occurring at the time.
Of course, if witnesses told the police officer the driver was using a phone, that information should be in the official police report. Sometimes a driver simply admits to the officer that they were using a phone. That information will be in the police report, a copy of which can be obtained for a small fee.
You also can obtain cell phone records, but only by subpoena after filing a lawsuit. Your lawyer will work to acquire a good settlement for you without having to go to court. Contact an accident law firm such as Hinkle Law Offices to learn how to proceed.
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