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Cell Phones in Arizona Car Accidents: Proving Liability

By Karnas Law Firm |

Cell phones are a major cause of car accidents. Implicated in as many as 6% of all crashes, they incur a greater cost on society than alcohol use, speeding and failure to wear seat belts. 

The state of Arizona, imposed a ban on the hand held use of cell phones while driving in 2021. Ten years behind many other states, but better late than never. Nationally, bans are having an effect. Since they came into force, hand held use of cell phones while driving has halved. The number of accidents caused by cell phones is also on the decline. But cell phone distractions remain a costly problem on Arizona roads. 

Have You Been Injured by a Driver with a Cell Phone?

If you, or a family member have been injured in an Arizona car accident, proving the other driver was using a cell phone can help establish their liability. It can also entitle you to greater financial compensation. What car accident victims often don’t realize is that the other driver doesn’t necessarily need to be holding their phone. Under Arizona law, it can be sufficient that they took their attention off the road to interact with their phone, or were distracted by a phone conversation–whether it be their own or a passenger’s.

Here’s the problem; drivers often don’t admit to using their phone while driving. And the cell phone records which may prove it–you can’t demand access to these. Here’s where a competent car accident attorney can help. 

How We Prove Cell Phone Use

At Karnas Law Firm our Arizona car accident lawyer can often prove the other driver was using their cell phone at the time of your accident, even when they deny it. Here’s how:

  • Filing a subpoena with the court, we can disclose the defendant’s cell phone records. These may show whether the driver was using their phone at or around the time of the accident.
  • Expert testimony from our accident reconstructionist may be able to show distracted driver behavior at the accident scene.
  • Eyewitness testimony and video footage may be used where available, supporting your claim that the driver was distracted by their cell phone. 

What to Do Following an Accident

Following an accident, your immediate concern is your own health and safety, and that of others at the scene. Once these have been taken care of, obtain names and contact information for any witnesses to the accident. Then, call the police. The officer will generate a report and here you should note if you saw the other driver using a cell phone, or if you suspect them of doing so. If witnesses remain present at the scene, the police will solicit statements from them. Witnesses may include both bystanders and passengers from any vehicles involved. 

Speak to a car accident lawyer before an Insurer. Insurance companies will not necessarily act in your best interest. After the accident, you may receive calls from insurance adjusters or other insurance representatives. Be wary–they may try to get you to settle for less than you are entitled to. 

For more information, see our article on What happens after a car accident

Let Us Represent You

Hurt in an Arizona car accident? Let Karnas Law Firm represent you. No matter what happened, why it happened, or the severity of your injuries, it is our mission to protect your interests and ensure your right to compensation is fully realized. 
With offices in Yuma, Phoenix and Tucson, Arizona, we serve clients throughout the state. Contact us today for a free consultation.

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