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February 15, 2019 by PILLI Law

How Drivers Use Cell Phones May Contribute to Bicycle Accidents

Personal Injury Lawyer

The cell phone is not dangerous in itself, it is now people use it that can cause tragic accidents to unfold. For example, a person riding a bicycle may get hit by a car because the driver was on his or her cell phone. Using this device can take a person’s attention away from the road for even a few seconds, which is plenty enough time for something important on the road to go unnoticed (such as a bicyclist crossing the street). In the aftermath of a bicycle accident, victims may consider taking action through submitting a claim to their insurance company, and talking with an attorney about filing a civil lawsuit.

Cell Phone Usage While Driving

In today’s society, people are often attached to their cell phones. We may have less capacity for moments when our minds aren’t occupied than ever before. Everything we need is quickly accessible at our fingertips through a small, cellular device. We can sign onto our email, get driving directions, play music, send a message, pay bills, take pictures, and many other things. Distracted driving is preventable, if more drivers became aware of their cell phone usage and other ways attention may be diverted from the road.

Proving the Driver was Distracted

Unless the driver admits to being distracted, it can be difficult to gather evidence showing exactly that. Witness testimony could help show how the driver was distracted, such as being seen using a cell phone or otherwise taking eyes off the road. Phone call and texting records can reveal whether the driver was using a cell phone right before impact. An attorney can also inquire with nearby retail stores or companies to see if they caught the bicycle accident on tape.

Talking with Witnesses

Bystanders who see a bicyclist get hit by a car, are likely to rush over and help in any way they can. Witnessing such an accident where the driver was at-fault, may motivate bystanders to provide a statement for legal purposes. There is no need to ask for a statement while at the scene, as things may be too tense and chaotic for that. An attorney can follow up with witnesses in the days after the accident, to confirm their testimony is reliable and supports your case.

Be Wary of the Other Driver’s Insurance

After you file a claim with your insurance company, the other driver’s insurer is going to be notified. In response, the driver’s insurer may contact you to ask questions about what happened. Please be wary, and talk to an attorney before providing a statement. Even if the representative seems empathetic and asks how you are feeling after the accident, this may be a sneaky tactic to get you to say something that hurts your claim.

Please contact an attorney who can answer any questions you have. A bicycle accident lawyer Salt Lake City, UT relies on can offer legal guidance and strategy as you seek to recover financially and physically from the bicyclist accident.

 


 

Thank you to our friends and contributors at Rasmussen & Miner for their insight into bicycle accidents and how cell phones can contribute to accidents.

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