Cell Phones and WV Auto Accidents
Charleston, WV — Numerous studies show cell phones are a leading cause of car accidents. One such study estimated that drivers talking on cell phones are four times more likely to be in a car wreck. According to a Harvard University study, cell phones cause over 200 deaths and half a million injuries each year.
Many states have enacted laws limiting or prohibiting cell phone use while driving. For example, some states require that a hands-free device be used while driving. However, West Virginia does not have any state-wide cell phone laws. In fact, it’s perfectly legal in West Virginia to drive while text messaging or even emailing on a Blackberry or iPhone. That’s pretty scary considering many of us have problems sending an email from the comfort of our home or office.
Despite the fact that West Virginia has no state-wide cell phone laws, there can still be serious legal consequences for driving in West Virginia while talking on a cell phone. For example, if you’re involved in a car accident and one of the drivers was talking on a cell phone, you may be able to present evidence of that fact to the jury. Evidence of that the driver was using a cell phone while driving may help prove the driver’s negligence and win your case.
Cell Phone Records
The issue then becomes how to prove the other driver was talking on a cell phone at the time of your car accident. One of the best ways is use the other driver’s cell phone records. Cell phone records show the date, time and duration of all calls made or received from a cell phone. Of course, the same legal rules apply to you if you decide to use a cell phone while driving. Thus, to protect your legal rights and most importantly your life, you may want to think twice before driving while talking on a cell phone. If you decide that you must use a cell phone while driving, you may want to consider a hands-free device. If you’ve been injured in an accident and would like more information about how to obtain and use cell phone records to win your personal injury claim, Contact West Law Firm for a free consultation with a West Virginia personal injury lawyer me.
Note: Although West Virginia has no general state-wide cell phone laws, West Virginia – thankfully – does prohibit drivers with learner’s permit from using a wireless communication device while operating a motor vehicle (except in an emergency). Call West Law Offices for a free consultation to discuss WV law.
Brooks West is a West Virginia personal injury lawyer who helps people who have been injured by negligence or wrongful conduct. He is the President and founder of West Law Firm and has been an attorney since 2005. Brooks is a Multi-Million Dollar Advocates Forum member and has been awarded the AV Preeminent Rating from Martindale-Hubbell.