Does cell phone use cause car crashes and can I really be held responsible for this just because I was on the phone?

I got into an accident and the other party is claiming I was at fault because I was talking on my cell phone. Does cell phone use cause car crashes and can I really be held responsible for this just because I was on the phone? We both pulled out of parking spaces and our cars hit each other. I don’t think he was paying attention, and we don't really know who hit who.

Answers (1)

Cell phones are clearly a distraction when driving, and can increase the incidence of car accidents. This fact is the reason why many states have laws prohibiting you from using your cell phone while driving. However, although cell phone use does cause car crashes, simply talking on your cell phone will not automatically make you liable for the crash. A number of factors enter into liability, and talking on your cell phone alone is not determinative. If there is no proof regarding who was at fault, the fact that you were talking on your cell phone may make it appear as though you were liable because you were more likely to be the one paying inadequate attention to your driving, but this evidence is merely circumstantial. Your best option would be to talk to an experienced auto accident attorney to find out your options and to get help proving causation for the accident. If neither you nor the other party can prove who was at fault, you may simply recover under the no-fault policy or clause of your insurance if such a provision is available in your state and your particular insurance policy. An auto accident attorney can help you explore all those options and determine the best course of action for your particular situation.

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