Mobile Phone Accident Claims – Quick Answer
Mobile phone use can be a significant factor in motor vehicle accidents because distraction can reduce attention, reaction time and control. If a driver was using a phone before or during a crash, that behaviour may be relevant when assessing fault, evidence and compensation options.
Injured people should record what they saw, obtain witness details and seek advice about how phone distraction may affect the claim.
Evidence of mobile phone distraction can be important in a road accident claim, but it needs to be supported by facts and records where possible.
Evidence of Mobile Phone Distraction
- Witness accounts: What people saw before or during the crash.
- Police report: Any mention of phone use or distraction.
- CCTV/dashcam: Footage showing driver behaviour.
- Vehicle details: Registration, driver and insurer information.
- Medical records: Injuries and treatment after the crash.
How does mobile phone use contribute to motor vehicle accidents?
Mobile phone use can distract drivers and increase the risk of unsafe driving or delayed reactions.
Why is the road toll climbing?
It is astonishing and lamentable that at the same time cars and roads become safer, the road toll continues to increase.
Not only are there more road fatalities, there are also far more people being injured. This is despite modern cars having safety features which make motor vehicle accidents more survivable.
Never before have cars been so easy to drive. Power steering, automatic transmissions, cruise controls, lane departure and blind spot detection signals all make driving child’s play.
So why is this happening? To me the likely answer is mobile phones.
Can phone use affect fault in a car accident claim?
Phone use may be relevant evidence if it contributed to the crash or shows a driver was distracted.
Drivers are increasingly distracted by “things” in their cars rather than what’s on the road in front of them. Speaking on mobile phones, texting, and checking social media all militate against keeping drivers’ eyes on the road and their minds in gear.
The temptation to divert one’s attention has simply become too great for some, if not most drivers.
This is of course crazy and potentially deadly! What can be so urgent that a call can’t wait? What can be more important than keeping one’s mind on the job?
We all know that it only takes a few seconds to drive over a hundred metres.
It’s time to end this madness and put the phones right out of driver’s reach. Unfortunately I don’t like the chances of this ever happening. If you were injured by a distracted driver, our motor vehicle accident lawyers can advise on your compensation options.
What evidence can show a driver was using a phone?
Witness details, police reports, dashcam footage, CCTV and admissions may be relevant.
Look what’s happening to our footpaths. Many people walking along are so transfixed by their mobile phones that they don’t even look ahead. Pedestrians simply walk across busy roads, completely oblivious to cars and other pedestrians bearing down on them.
What should you do after a crash involving suspected phone use?
Seek medical care, report the crash, record what happened and get advice before dealing with insurers.
What’s next? Putting red and green lights on the road itself as is happening outside some schools in Holland to protect school children from themselves?
How can Stacks Goudkamp help?
Stacks Goudkamp can review the accident circumstances and advise whether compensation may be available.
If you or somebody you know has been injured in a motor vehicle accident, you may be entitled to compensation. For more information, and to arrange a free, no-obligation assessment of your claim, please contact Stacks Goudkamp on 1800 251 800 or alternatively make an online enquiry.
Written by Tom Goudkamp.
Tom Goudkamp is Managing Director of Stacks Goudkamp. He has over 40 years of experience of successfully bringing compensation claims for people injured in motor vehicle accidents.
FREQUENTLY ASKED QUESTIONS
Can mobile phone use affect a car accident claim?
Yes. If phone use contributed to the accident, it may be relevant to fault and compensation assessment.
What if the other driver was using a phone?
Record what you saw, collect witness details and make sure the issue is reported where appropriate.
How can I prove phone use caused an accident?
Evidence may include witness accounts, police reports, dashcam or CCTV footage and other records.
Should I speak to an insurer if phone distraction was involved?
You should consider legal advice before giving detailed statements, especially if fault or injury severity is disputed.
How can Stacks Goudkamp help with distracted driving claims?
Stacks Goudkamp can assess the evidence and explain how distraction may affect your claim.
