Biloxi Car Accidents Involving Cellphones Lawyer
Being in a motor vehicle accident can be scary, and the litigation that may follow can be frustrating without the help of an experienced attorney. You may need to gather evidence, correspond with insurance companies, and evaluate your losses to pursue adequate compensation. If you have been injured in a car wreck because another driver was using his or her mobile device, call a Biloxi car accidents involving cellphones lawyer for help with these steps. Let an experienced car accident lawyer fight for you.
Cellphone Use Laws in Biloxi
Miss. Code Ann. § 63-33-1 regulates the use of cellphones while driving and addresses writing, sending, or reading text messages as well as reading or posting to social networking sites. It prohibits those practices and sets criminal penalties for someone who engages in that conduct. Additionally, a driver can be found responsible for an accident causing injuries for sending or reading texts on a mobile phone while driving.
Additionally, Biloxi law does not make a distinction between new drivers and experienced drivers and prohibits every driver from using his or her handheld mobile device to write, send, or read a text, or to read or post on a social networking site. Distracted driving is dangerous for everyone, and a growing number of car wrecks are caused by distracted drivers. A novice driver who does not have much experience on the road is even more susceptible driving distracted and causing a crash while using a cellphone. Fortunately, a Biloxi car accidents involving cellphones attorney could help claimants determine which laws are relevant to his or her case and prepare a claim accordingly.
Liability for Car Accidents Involving Cellphones
Biloxi adheres to comparative negligence, which allows a partially at-fault claimant to recover limited or reduced damages. A plaintiff who was using a cellphone at the time of their accident could be found comparatively at fault for the wreck. A jury may find that both parties bear some fault if the at-fault driver violated traffic laws and the plaintiff was on his or her cellphone, for example. If a defendant is 60 percent at fault and the claimant is 40 percent at fault, the plaintiff may only collect 40 percent of the originally proposed compensation amount.
The use of a cellphone by a defendant can show that he or she violated the law and the rules of the road to keep his or her eyes on the road, thereby demonstrating liability for a subsequent accident. A jury may determine that that type of conduct represents reckless conduct or a disregard for the safety of other drivers on the road, which could lead them to award punitive damages in a civil trial. Punitive damages are intended to punish a defendant for his or her conduct as well as set an example to keep a defendant and others from engaging in that conduct in the future. A defendant in these circumstances may have to paying punitive damages in addition to non-economic and economic damages suffered by the plaintiff.
Gathering Evidence in a Car Weck
A car accidents involving cellphones lawyer in Biloxi could help a claimant establish whether the defendant driver had a mobile electronic device available for his or her use in the vehicle at the time of the crash. A qualified attorney could determine who the defendant’s cellphone or mobile device provider is, what his or her phone number is, and potentially obtain his or her Apple ID so the lawyer can see what apps may have been accessed at the time of the wreck. It may also be necessary to subpoena records from the at-fault driver’s cellular service provider to determine the manner in which the device was being used at the time of the accident.
Contact a Biloxi Car Accident Involving Cellphones Attorney
If you have been injured by a distracted driver, you could benefit from the guidance of a seasoned personal injury lawyer who has experience with these types of cases. Do not enter litigation unprepared or with a weak defense. Instead, let a Biloxi car accidents involving cellphones lawyer work with you through each step of the legal process to increase your chances of success. Contact us today to meet with the right legal counsel and begin building your case.