Distracted Driving Discussion from a Phoenix Accident Attorney

It should come as no surprise that the increasing dependence and obsession with our electronic devices has resulted in a growing number of auto accidents with severe injuries and fatalities requiring the help of an experienced Phoenix accident attorney.   Distracted driving is the new buzzword that you can’t help but hear on the news and there is a reason for the popularity of the topic!  According to Distraction.gov, the official U.S. Government website for distracted driving, 11% of all drivers under the age of 20 involved in fatal crashes were reported as distracted at the time of the crash.   Distracted driving is defined as any activity that could divert a person’s attention away from the primary task of driving.  At any given daylight moment across America, approximately 660,000 drivers are using cell phones or manipulating electronic devices while driving, a number that has held steady since 2010.

No one should be surprised to hear that talking on your phone, texting, and checking email while driving is dangerous to yourself, your passengers, and everyone around you but were you aware that it could also hurt your case when another driver hits you? Picture this: you are driving down the road while chatting with your best friend and out of a sudden you are hit by another vehicle. After months of treatment for your injuries and time taken from work and your family, your case is filed.  Much to your surprise, the other party’s insurance company subpoena’s your cell phone records because they would like to prove that YOUR cell phone conversation prevented you from AVOIDING the accident where the other driver was clearly at fault.  So you were not at fault and yet your Phoenix accident attorney may have to inform you that your personal injury award can be reduced for failing to avoid the other driver’s negligence?  Yes, unfortunately, that conversation could result in a decreased award for your pain and suffering even though you were not at fault!

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