A recent article in the Albany Law Review addresses a growing concern around the country and in personal injury lawsuits: the use of cellphones as a causal factor in accidents. In “Don’t Text, Talk and Walk: The Emergency Smartphone Defense in Personal Injury Litigation” Robert Lang cites recent case law where plaintiffs or defendants, or both, were distracted on a cellphone at the time of an accident. Mr. Lang cites a number of cases where records have been used to attribute responsibility to a plaintiff, or vice versa. For example, in one case a defendant driver obtained the cellphone records of a pedestrian plaintiff to argue that the plaintiff was texting or talking on the phone at the time of the accident and thus distracted and partly responsible for the accident.
Because this is an issue that arises in litigation, be wary of insurance adjusters attempting to obtain this information about the potential use of your cellphone around the time of an accident that the insurance adjuster will then use to argue you were partly responsible. If you have been injured in an accident, you should contact a personal injury attorney. Contact the Law Office of Ben Crittenden at 907-771-9002 for a free consultation. You can also visit our Frequently Asked Questions page, or our personal injury or blog page.