Cell phone use is probably one of the most common types of distracted driving. This is certainly true even in Delaware, despite the fact that it is illegal to use a cell phone when driving to talk, text, etc. Cell phone use has caused hundreds of car accidents in Delaware over the last few years, and there is no indication that the annual numbers are decreasing. In fact, they are increasing.
However, cell phone use is not the only distraction responsible for causing accidents. Other common causes of car accidents include:
- using other electronic devices (GPS, car stereo, CD changer, etc.),
- tending to passengers or pets, and
- applying make-up.
Liability in Distracted Driving Car Accident Lawsuits in Delaware
Drivers who engage in distracted driving put others at risk. While the types of distractions listed above may seem trivial, they can cause serious accidents. For instance, someone tending to a child or unrestrained pet can cause an accident by veering into an adjacent lane, running a red light, etc.
Under Delaware accident law, negligence is defined as the lack of ordinary care or failing to use the kind of care and caution that a reasonably prudent and careful person would exercise. In an auto accident case, drivers who fail to exercise ordinary care and caution can be held liable and ordered to pay the injured individuals for their physical injuries and financial losses. Distracted driving is a prime example of failing to exercise ordinary care and caution.
Damages Recoverable in a Distracted Driving Car Accident
Injured individuals, i.e., drivers, passengers, pedestrians, etc., may file a lawsuit against the at-fault party and obtain financial compensation for damages which reasonably flow from the accident. This includes medical bills and lost wages in excess of any PIP coverage, other reasonable economic losses, and pain and suffering.
In major, catastrophic cases, the injured parties may be eligible to make underinsured or uninsured (UIM/UM) claims with their own car insurance companies. Click here to read more about UIM/UM claims in Delaware car accident cases.
Delaware Car Accident Law Firm
Our lawyers have been handling car accident cases throughout Delaware for over 30 years. Please call for a free case review. (302) 658-1717
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