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Drunk Driving Car Accidents and Cell Phone Car Accidents: How 'Outside
Factors' Affect Negligence...
Drunk
driving car accidents are quite common. (Unfortunately alcohol is
factor in most teenage car accidents as well.)
We all know that drinking affects
the brain and impairs the driver. A drunk driver is completely unable
to uphold
their duty of care.
But drinking alcohol isn’t the only outside factor that
can sway
your personal injury case decision in your favor. Cell phone car
accidents are also "outside factor" cases.
Outside
factors, like drunk driving or talking on a cell phone, are things that didn’t directly cause
the
accident but contributed to, and help prove negligence.
This means that the
drunk driving car accident may have in fact been caused by the driver
speeding, failing to signal
or running a stop sign. The drunkenness is incidental, but highly
relevant.
When there is a drunk driving car accident, the drinking is generally
considered an intangible. Even if
there's no official charge of drunk driving, it's important to bring up
anything
alluding to the driver drinking.
For example, smelling alcohol on the
driver's breath or seeing empty bottles in the car. Documenting and
referencing these points can help your case.
Aside from drunk
driving car accidents, cell phone car accidents are increasingly
common; cell phones also contribute to a high number teenage car
accidents.
If the
other driver was talking on a cell phone when the accident
happened, you're likely to win a quick personal injury
settlement.
Cell phones
have been proven to cause accidents by
distracting the driver. Studies have shown that the risk
of a car accident is four
times higher when the driver is using a cell phone.
If you can establish that the other driver was on their cell phone, use
it. Mention respected studies and previous cases regarding the danger
of cell phone use. The insurance adjuster is sure to take notice.
There are also studies claiming
that cell phones cause very few accidents. Those studies, however, are
easily debunked. Before talking with the adjuster about this
factor, research both sides so you know what to say.
The study most
likely to be used to counter your claim says that only a small
percentage of accidents in North Carolina were caused by cell phone
use. The study involves statictics from the 1990's and doesn’t show the
number of actual cell phone users in North Carolina at that time.
When
drunk driving accidents occur a law has clearly been broken
and charges
will usually be made against the driver. That indictment alone should
have the insurance adjuster hurrying to make an offer, which you might
not want to take so fast. It might be worth it to hold out for a higher
offer if it looks like a solid case of drunk driving.
With
cell phone use it isn’t that easy. It's harder to prove
the driver was on the phone after-the-fact and many states still don’t
have laws
against using cell phones while driving.
Without the element of a broken law
and resulting charges, it may be more difficult to prove that the
driver's
use of the phone contributed to the cell phone car accident.
This will
come down to your word against theirs, but that’s okay. If you're sure
you're right, then make
sure the adjuster realizes that if your claim
goes to court, you will demand the other driver's cell phone records.
This will prove your case.
If you've been involved in a drunk driving or cell phone accident, make
sure to stress these outside factors in your demand letter.
Drunk
driving car accidents are so common that the mere mention of the word
'drunk' will do most of the job for you. With cell phone car accidents,
reference
at least one study. This will show the insurance adjuster you know what
you’re talking about and that your argument is solid.
Return
from Drunk Driving Accidents to Lawsuit
Settlements
Return
from Drunk Driving Accidents to the Personal
Injury Settlement Guide
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