Most drivers know that it is against the law to drive and text at the same time. However, unfortunately, many individuals disregard the law and text or check his or her cellphone while driving. If you were injured in a car wreck that was caused by another driver who was using his or her cellphone during the time of the accident, call a well-established car wreck attorney. A Lincoln texting while driving accident lawyer can help you recover the damages that you deserve.
Cellphone Usage Laws in Lincoln
In Lincoln, it is a secondary offense to be texting while driving. It is also against the law to read a text or look at social media while driving. However, a driver cannot be pulled over for texting while driving. The individual could get a ticket for texting while driving if he or she was pulled over for a traffic violation. For example, if he or she was pulled over because he or she was swerving all over the road. After pulling the driver over, the officer may ask the driver if he or she was texting while driving. If so, the driver could get a citation for using a cellphone while driving.
Using a cellphone that is hands-free or looking at a GPS map on the phone while driving is legal in Nebraska. However, it is important to understand that the driver is taking a risk every time he or she takes his or her eyes off the road.
For novice drivers, the use of a cellphone is strictly prohibited. For more information about cellphone laws, call a Lincoln texting while driving accident lawyer.
Cellphone Use Impact on Negligence
If there is a dispute over the cause of the crash, the defendant’s use of the cellphone can be used as evidence to show that the defendant was, in fact, checking his or her phone at the time of the accident instead of paying attention to the road. When there is a dispute over liability, cellphone use is relevant. The use of the phone by the defendant during the time of the wreck could benefit the plaintiff’s claim. If the defendant admits fault, the cause of the crash is no longer relevant. An experienced personal injury attorney can investigate the accident to help determine the negligent party.
How Can the Plaintiff’s Use of a Cellphone at the Time of the Accident Effect Their Claim?
When there is a question about who is at fault in the crash, the plaintiff’s cellphone use could be an impediment to his or her recovery. However, this is not always going to be the case. For example, if the plaintiff is sitting at a red light waiting for the light change and he or she is rear-ended, the fact that the plaintiff was on his or her cellphone may not be an issue. That being said, it is still best practice to keep a cellphone put away while one is driving.
If the plaintiff and defendant are found to both be using their cellphones at the time of the car collision, the jury may find them both at fault to some extent.
Collecting Evidence Following a Car Crash Caused by Texting While Driving
Cellphone records documenting calls and texts can be obtained by a Lincoln texting while driving attorney. However, the at-fault party may have been looking at social media or browsing the Internet when he or she caused the wreck, which could be difficult to obtain records for. Cellphone tower records could be examined for IP addresses.
Call a Lincoln Texting While Driving Attorney
If you were injured in a wreck caused by a driver who was using his or her cellphone at the time of the accident, you may be eligible for compensation. Following a car crash that was caused by another party, it is not fair for you to be stuck with the expensive bills. Call a Lincoln texting while driving lawyer. Let a seasoned attorney at Berry Law fight for your right to recovery.