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Addressing Cell Phone Use in Accident Liability Via Comparative Negligence Analysis

Posted by Bautista Leroy | Jul 02, 2021 | 0 Comments

cell phone comparative negligence

Comparative negligence is an integral concept in accident law when it comes to assigning liability in cases involving cell phones. Cell Phone use has become more ubiquitous throughout society, particularly while driving; courts face challenges assigning fair responsibility in these instances of accidents that happen.

Comparative negligence is used in many jurisdictions to assign fault to parties involved in an accident in proportion to their respective degrees of negligence, allocating damages accordingly and creating an equitable distribution of responsibility, particularly when multiple factors come together during an incident.

Courts consider multiple factors when analyzing cell phones' role in accidents when deciding comparative negligence, with use being one of them. Cellphone use could play an essential role in ascertaining whether mobile phone usage contributed to an incident; evidence showing drivers using phones while texting or browsing could point towards contributing causes of accidents.

No mobile phone in a vehicle or its use by its driver does not establish negligence automatically; rather, courts must look closely at whether the use was distracting at the time of the accident and whether adequate precaution was exercised by the driver.

Laws and regulations related to cell phone usage while driving must also be taken into consideration when assessing liability. Some jurisdictions have passed laws restricting texting while driving and mandating the use of hands-free devices; violations could serve as evidence against drivers in an accident case and increase responsibility.

Courts may take into account all relevant actions when assessing relative negligence for an accident, such as when another driver ran a red light or speeded. Such factors could contribute to an incident independent from cell phone usage by others.

Comparative negligence has significant ramifications for all parties involved. According to jurisdictional rules, those found partially at fault in an accident may be eligible to receive damages proportionately based on their level of responsibility. Those at primary fault will still recover damages but their recovery will be reduced proportionately according to their percentage share of responsibility.

In conclusion, to assess cell phones as a liability in accidents, we must investigate both the circumstances surrounding an incident as well as all parties involved. Comparative negligence principles play an integral role when establishing fault and liability, given how mobile phone usage remains an issue during accidents and courts are obliged to adapt legal standards accordingly to improve road safety.

For inquiries related to accident laws, or to hire an accident/injury attorney in Kansas City, contact the legal professionals of Bautista LeRoy LLC by dialing these numbers 816-221-0382 or by emailing them at [email protected]. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.

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