When a driver takes their eyes off the road, even for a second, he or she can cause a devastating accident. This is why Nebraska has taken steps to ban texting while driving. An Omaha texting while driving car accident lawyer can help those injured to another’s negligence hold the responsible party liable.
A diligent team of car accident attorneys at Berry Law can help you examine the causes of your car accident. If it was the result of another’s negligence or recklessness, we can fight for the compensation you need and deserve.
What Are the Rules Regulating Cell Phone Use?
Drivers in Omaha may make phone calls while driving. However, they not allowed to text, email, use Facebook, or otherwise do anything that involves reading and typing in their phone.
Nebraska also allows for an individual to use a map on a phone. However, he or she should not be setting the map while moving. Instead, a driver should come to a complete stop and put the vehicle in park before engaging the map features. An Omaha texting while driving car accident lawyer can explain the laws so a driver can avoid any potential issues.
How Texting Can Impact Liability in a Car Accident
When one or both parties in a collision were using their cell phones at the time of the crash, it can have an impact on the outcome of the case. An Omaha texting while driving car accident attorney can explain how this can affect liability.
Use of a Phone by a Plaintiff
The use of a cell phone by the plaintiff at the time of the accident can impact the injury claim, because it may ultimately establish contributory negligence. When the plaintiff is bringing an injury claim, the amount of fault he or she has corresponds back to the recoverable damages.
If the Defendant Was Texting
The use of a cell phone by the defendant at the time of an accident can help prove liability. If the defendant was using his or her cell phone at the time of the accident, it may show that he or she was distracted.
When Both Parties Use Phones
If both parties are using their cell phone at the time of the accident, the jury must determine who has more liability over the other. If both parties are equally at fault, it might bar the plaintiff’s recovery entirely.
The Role of Phone Records in Omaha Claims
In car accidents involving the use of cell phones, the attorneys are going to need to obtain the phone information from the carrier. Cell phone carriers are required to record the date and time a person sends a text message or makes or receives a phone call. This evidence can be important in establishing the at-fault driver was using his or her cell phone at the time of the accident and was therefore negligent.
To obtain this information, an insurance company or attorney typically needs a signed authorization to release information from the driver to obtain information from an individual’s cell phone carrier. An Omaha texting while driving car accident lawyer can further explain how phone records are used in determining liability.
Reach Out to an Omaha Texting While Driving Car Accident Attorney for Help
When a driver texts while driving, the results can be catastrophic. A determined Omaha texting while driving car accident lawyer is here to fight for those who were injured due to another’s negligence. For a confidential consultation to discuss your rights, call Berry Law today.