Proving Cellphone Liability for Auto Accidents in Arizona

By The Husband and Wife Law Team on July 13, 2017

Across the state and across the nation, there are thousands of automobile accidents that could be prevented if drivers simply kept their hands, and their attention, on the road. Instead, they reach for their phones and take their eyes off the road. And in that instant, their decision can end up greatly impacting the lives of others. Automobile accidents caused by distracted drivers can lead to serious injuries and death—to themselves, other drivers, bikers, or pedestrians near them.

While Arizona is one of the only states that doesn’t ban drivers from texting or talking on their cellphone, some accident victims have won settlements because they were able to prove the other driver was distracted by a phone. In some counties and cities, like Pima County, Coconino County and several of the largest cities in Arizona, it is against the law to text while driving. So if you’re headed to the Arizona Science Center in Phoenix and you’re hit by someone who is texting and driving, that person could be held liable for your injuries. Or if you’re headed to the Desert Botanical Garden in Tempe, you’ll also be protected under the city’s no-texting-and-driving rule.

What to Do If You Are Involved in an Accident

• First, call 911 and seek medical attention. Take photos to document the scene using your cellphone, if possible. If you can’t take photos, don’t worry. Police will record what they see as well.

• If you are able, talk to witnesses and see if anyone else noticed the other person using his phone. When police arrive, make sure to tell them you saw the other driver on his phone, so it will be recorded in the police report.

• Contact the Husband and Wife Team at Breyer Law Offices, P.C.

How Do You Know If Cellphone Liability Applies to Your Accident?

Our team at Breyer Law Offices, P.C., can help determine whether you were in an area where there is a cellphone texting ban and decide what steps to take next. If there was no ban, we work hard to find ways to prove the cellphone was a distraction to the driver and caused the accident.

Here are some of the ways we determine whether cellphone usage contributed to the accident:

• We talk to witnesses.
• We review police records.
• We subpoena cellphone reports.
• We review any cameras in the area.

What Happens Next?

If the other driver was texting or otherwise distracted because of a cellphone, this could put the driver at fault for the accident. Our team will work hard to investigate the case, and then we will contact the at-fault party to negotiate a settlement on your behalf. Settlements are typically used to cover medical costs, rehabilitation bills, lost wages, and repair costs for your vehicle. They can also cover funeral costs if someone is killed in the accident.

While the settlement is being negotiated, we do all the work. Your job is to work on recovering.