Cell Phone-Related Accidents

In today’s world, it is uncommon for someone to not have a cell phone. While cell phones make life easier in many ways, they can also cause harm when used inappropriately. Cell phone use is one of the leading causes of car accidents and results in hundreds of thousands of injuries each year. If you were injured in a cell phone-related car accident, it is in your best interest to contact a skilled New Hampshire car accident attorney to discuss whether you may be entitled to recover damages from the responsible party. The car accident attorneys at Peter Thompson and Associates collectively have more than 60 years of experience helping injured victims in New Hampshire seek damages for their harm.

New Hampshire law prohibits certain types of cell phone use while driving. Drivers cannot type or read texts, make phone calls, or listen to voicemail messages with handheld devices. Drivers are also barred from entering or reading data on a cell phone, such as information in a GPS or social media posts. Drivers are also prohibited from taking these actions if they are momentarily stopped at a stop sign or stop light or due to traffic. Drivers are permitted to make telephone calls through a Bluetooth or similar audio system that is integrated into the car, but only if it does not distract them from driving.

The purpose of the law barring certain cell phone use while driving is to ensure the safety of all drivers and passengers on the road. If a driver violates this law and subsequently causes an accident, the driver may be held liable under a theory of negligence or negligence per se. Negligence requires proof that the driver owed a duty of care, the duty was breached, and the accident was a result of the breach. You must also show that you were harmed by the accident.

Negligence per se is a more straightforward theory of recovery. To recover damages under a theory of negligence per se, you must show that the driver violated a law that was drafted to protect a certain class of people, you are among the people whom the law was meant to protect, and the violation subsequently caused you the type of harm that the law was designed to prevent. Rather than proving a breach of duty based on how a reasonable person would act under the circumstances, the breach of duty occurs when the driver violates the law. A knowledgeable car accident attorney will conduct discovery to seek factual evidence, such as cell phone records, which are an important part of showing liability for a cell phone-related car accident.

Any lawsuit filed in New Hampshire to recover compensation for injuries and property damage sustained in a cell phone-related car accident must be filed within three years of the date of the accident. Therefore, if you were involved in a car accident, it is important to meet with an attorney as soon as possible to prevent a waiver of your right to recovery. Compensation that you may be able to recover includes the expense of repairing any damage to your car and money that was spent on any past medical treatment or that you will need to spend on future treatment. If you were married at the time of the accident, your spouse may be able to recover damages for loss of consortium. In addition to damages for actual financial losses caused by the accident, you may be able to recover compensation for the pain and suffering caused by the accident.

All drivers must uphold the duty to drive in a safe and reasonable manner, and drivers who use their cell phones while driving may breach that duty. If you were injured in a cell phone-related car accident, you may be able to obtain damages from the party that caused the accident. The attorneys at Peter Thompson and Associates have the experience and skill required to assist you in developing strong arguments that will provide you with a good chance of a favorable outcome under the circumstances. We have offices in Bedford, Nashua, Portsmouth, and Manchester, and we represent injured individuals throughout New Hampshire. Contact us at 800.804.2004 or via our online form to schedule a meeting.