What should do if I got injured while using my cell phone?
If you got injured while using a cell phone, you should get in contact with a personal injury lawyer who also understands product liability law.
As cell phones and smartphones become more and more a part of everyday life in the United States, more an more people are getting injured in cell phone related accidents. Some of the more common ways people are injured because of cell phones are, automobile and pedestrian accidents where one or more person was using a cell phone, and when the phones themselves are faulty or malfunction.
According to 2014 National Safety Council data, the use of a mobile phone while driving is the cause of one in four accidents. 21% of car crashes involved talking on the phone while driving and nearly 5% of crashes involved drivers who were texting. As newer and newer technologies allow us to use our cell phones with more and more ease, the likelihood of cell phone related accidents continuing to be on the rise is quite probable.
Distracted driving is a major cause of serious accidents. According to 2013 National Safety Council data, distracted drivers injured 421,000 people and killed more than 3,320. Even when people are hands-free when they use their cell phones, cell phone usage is one of the biggest contributing factors to distracted driving.
Many states have introduced laws that limit cell phone use while driving. Initially, many state laws regarding cell phone use only limited when and how people could talk on the phone while they were driving because texting was a technology that did not become commonplace until years after cell phones that were used strictly for talking and cars equipped with hands free technology, came about. Currently, 44 states have made texting while behind the wheel illegal. In four states, texting by inexperienced drivers is prohibited. 12 states have prohibited the use of even a hands-free device
When a person is injured in an accident where the person who caused the accident was using their cell phone, they may have a personal injury claim based on the cell phone user’s negligence or recklessness. Using negligence theory to try to recover for injuries caused by a cell phone user requires the injured party to show that the defendant’s breach of duty caused the plaintiff to be injured. Some states elevate texting and/or talking on a cell phone while driving as a charge of reckless driving because of the inherent dangers in doing these activities while driving.
Sometimes people get injured because of cell phones even though no one is using them in an unsafe or illegal manner. These injuries are often the result of faulty or malfunctioning cell phones. These injuries include but are not limited to, exploding batteries, and severe burns caused by overheating and cell phones catching on fire. If a person is injured because of these or other problems with faulty or malfunctioning cell phones, they may be entitled to compensation from a personal injury product liability claim. Product liability claims often involve more than one party who may be at fault for a faulty or malfunctioning product because it is usually more than one party who takes part in the design, manufacturing, assembly and distribution of products for consumers to purchase.
If you have a cell phone related injury, it may be in your best interest to discuss your situation with a lawyer who is familiar with cell phone related injuries and accidents. For an experienced lawyer who knows how to deal with cell phone injuries and accidents, call Cohen & Cohen, P.C. today.