Oklahoma City Personal Injury Lawyers

Oklahoma City Car Accidents Involving Cell Phones

In 2016, Oklahoma City passed a law that banned texting while driving. If an individual is found texting on their cell phone behind the wheel, they will be fined $100. Other than the texting law, there is no other law in Oklahoma City that forbids the use of cell phones whilst driving. A police officer could issue a citation to an individual who is talking on the phone whilst driving, however, they cannot issue a fine.

Oklahoma City car accidents involving cell phones are common and can have a devastating effect. While there are no other specific laws in Oklahoma City against using a cell phone while driving, there are laws against negligence while driving. If you have been involved in a car crash, a distinguished car accident attorney could help you with your case.

Evidence Needed to Pursue a Claim

While there are several types of evidence that could be used to pursue a claim in Oklahoma City car accidents involving cell phones; the main types of evidence that would be needed are:

  • Phone records
  • Witness testimony
  • Driver testimony
  • Property damage

Without such evidence, it could be difficult for a lawyer to help an individual file a claim.

Authorities and Phone Records 

It is general practice for law enforcement and insurance companies to ask for the cell phone records of drivers involved in a car accident. In their discovery requests, insurance companies are going to include interrogatories, requests for production, and copies of the driver’s cell phone records.

If for some reason the plaintiff or defendant does not have access to their cell phone record, the insurance company can subpoena the phone records directly from the cell phone service company. This will help law enforcement and insurance companies to determine if the crash was caused by cell phone use.

Liability Involving Cell Phones

If an insurance company determines that the plaintiff was on their phone and possibly distracted before the car crash they will claim that the plaintiff contributed to the car crash.

If a defendant was found to have been on their phone before an accident, their insurance will generally admit liability. This means they admit to causing the wreck but do not claim full responsibility for the harm that was caused by the  Oklahoma City cell phone car accident.

If Both the Plaintiff and the Defendant Were on Their Cell Phones

In cases where both the plaintiff and the defendant were found to have been on their phones, Oklahoma City will defer to comparative negligence. This means that while both parties may be at fault, the jury will analyze photos of both the vehicles, the testimony of both drivers, and if available, witness testimonies, to determine which driver was more at fault for the cell phone car accident.

Contacting an Oklahoma Car Accident Attorney

Oklahoma City car accidents involving cell phones can be catastrophic. If you have been involved in a collision, and need support dealing with insurance companies after a crash, contact an Oklahoma City car accident attorney immediately. Attorneys have exceptional experience dealing with insurance companies and could help you minimize losses by ensuring you receive the compensation you deserve.