Using a cell phone while driving might not be illegal in all states, but it can get someone sued for negligent driving in every state. When a driver is talking on a cell phone and hits a pedestrian, they can be sued for negligence. They might not go to jail, because the judge gave them a break. However, the injured pedestrian can hire a personal injury attorney in Charlottesvilleto file a claim with the driver’s insurance company. That will pay for their medical bills, lost wages, and pain and suffering.
Some drivers know the minute that they are in an accident that they shouldn’t have been talking on their cell phone. They throw the phone in the back seat or quickly tuck in in their purse. This doesn’t fool anyone. One of the first things that a good personal injury lawyer will check is the cell phone records of the driver. Those can show exactly when they were talking on the phone. Police experts will examine skid marks to see if the person even tried to stop the car before hitting the pedestrian. There may also be witnesses who saw the driver on the cell phone as the pedestrian was hit.
Insurance companies make money because they collect premiums and pay out as little money as possible. So when they get the claim from the injured pedestrian, the first thing they will try and do is prove that the driver wasn’t negligent. They may then try to show that the pedestrian wasn’t following the rules of the road and contributed to the accident. Some pedestrians might feel that they are partly to blame because they were walking on the wrong side of the road. Their personal injury attorney in Charlottesville will explain to them exactly what their responsibilities were and that they acted properly.
Their lawyer will also bring in medical experts to describe the long-term nature of the injury. With all of this evidence piling up, the insurance company might decide to pay the claim. Sometimes they offer a very low settlement, to see if the injured person will accept it. Their lawyer will have sufficient experience to tell them if it is a reasonable settlement.
