Glastonbury law absolutely prohibits the use of cellphones while driving. Glastonbury is a hands-free town, and it prohibits use of cellphones for texting, Twitter, or Snapchat while driving.
If you were hurt in a car accident involving cellphone use, contact an experienced Glastonbury lawyer as soon as possible. An attorney could help you prove liability and recover compensation for your injuries.
Prohibited Activities While Driving
Texting, talking without a hands-free device, using Snapchat or social media, reading, and Instagram are all prohibited while driving in Glastonbury. Applying make-up or doing anything that distracts someone from driving is also prohibited.
A person is allowed to use their device hands-free, but they have to keep their eyes on their road and pay attention to their surroundings. Any other activity is allowed as long as the driver is not distracted by it.
How Cellphone Use Impacts Liability
Use of a cellphone can be used to establish liability and show that a driver was not paying attention. If they were on the phone at the time of the accident, that could be considered reckless driving.
If the defendant was using their cellphone and the accident could have been avoided, or a reasonable driver would have taken a different course of action, then that person could be found to have been contributorily negligent for not paying attention.
What if Both Drivers Were Using Cellphones?
If both the injured party and the at-fault driver were found to be using their cell phones at the time of the accident, a jury may very well believe that both parties are at fault. For example, if one is found to be 51% at fault, it will reduce the amount of recovery. If the plaintiff was engaging in the same behavior as the defendant, it often makes them seem less sympathetic in front of a jury.
Cellphone Records as Evidence
Law enforcement will need a warrant or consent from a person to obtain their phone records. In the course of a civil lawsuit, an attorney could obtain these records with a court order and a subpoena. If necessary, they can also get forensic inspections of the phone by order of the court. At the very least, the at-fault driver will have to answer written discovery questions asking whether or not they are on their phone, and they will have to turn over those records.
Contact a Glastonbury Car Accident Attorney
Car accidents involving cellphone use can be especially tragic since they are preventable. Thankfully, victims may be able to hold the at-fault party accountable and recover compensation for their injuries with a lawsuit.
If you were hurt in a collision, contact a Glastonbury car accidents involving cellphones lawyer as soon as possible for assistance. After reviewing the facts of your case, they could determine which party is at-fault and fight for fair compensation on your behalf. They could be your advocate in negotiations with insurance companies or at every step of the trial process, if necessary. Call today to schedule a consultation.