How Texting While Driving Affects a New Haven Car Accident Case
Being the victim of an auto accident is never an ideal situation to be in. When the crash is due to distracted driving such as texting while driving, the injuries sustained by the victim could be quite severe. This is because the person at fault of the accident does not brake or try to avoid hitting the victim. In such cases, victims should get in touch with an experienced car wreck attorney for more information about how texting while driving affects a New Haven car accident case.
How Comparative Negligence Can Impact Compensation
In Connecticut, there is a system of comparative negligence in place. Therefore, if the victim of an auto accident was using their cellphone at the time of the crash, they may still be able to recover compensation. However, they may only be able to recover compensation for a portion of what they are entitled to. For example, if it is found that the victim is 20 percent at fault for the accident, they may only be able to recover 80 percent of the compensation entitled to them.
Plaintiff’s Usage of a Cellphone at the Time of an Accident
If the plaintiff was found to be on their cellphone at the time of the accident, the amount a defendant would recover could increase. In such cases, punitive damages would be issued against the plaintiff, but only if the plaintiff’s actions fall into statutory recklessness governed by General Statutes Section 14-295. A plaintiff could also be accused of reckless driving, further strengthening the chances that the defendant would be awarded punitive damages. Contact an experienced attorney to learn more about how texting while driving affects a New Haven car accident case.
Type of Evidence Used for Proving Negligence
Evidence for auto accidents involving cellphone cases is required in order to be awarded compensation for damages. One of the more effective types of evidence that could prove liability is the plaintiff’s cellphone records. If it can be proved that the plaintiff was using their cellphone at the time of the accident, the likelihood to recover damages could increase. An attorney could work with victims to issue a subpoena to obtain such evidence.
Importance of Retaining the Services of an Attorney
One of the main benefits of getting in touch with an attorney is that you would find it easier to gather evidence to prove liability. One of the many difficulties victims encounter when trying to file a successful injury claim is the inability to provide relevant and effective evidence. However, a lawyer could file a subpoena to obtain the plaintiff’s cell phone records. If it can be tracked that the plaintiff was using their phone at the time of the accident, the defendant’s chance of recovery may increase.
If you or a loved one fell victim to a negligent driver who was using their cell phone at the time of an accident, it might be worthwhile to schedule a consultation with a dedicated attorney. A lawyer could inform you of how texting while driving affects a New Haven car accident case.