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Can I file a personal injury claim against a negligent driver who was talking on a cell phone?
I was recently rear ended by a driver who was using a cell phone. I was stopped at a stoplight and as I was looking in my rearview mirror, I clearly saw him using a cell phone and making hand gestures as if he was yelling and arguing on the phone. He got close rand closer and did not brake in time and ended up slamming into me. As a result, I suffered severe whiplash, a neck injury, became disabled to work for up to 6 months to 1 year, and regularly face chiropractic treatment. What can I do?
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Answers
There have been many new laws across the states for cell phone use while driving for this exact reason. It has been an increasingly contributory cause of driver negligence resulting in several thousands of accidents. Beyond the traffic violation if using a cell phone while driving, there have actually been lawsuits very similar to this situation where the plaintiffs file civil lawsuits against the responsible driver for negligence. These cases usually play in favor of the plaintiff and earn them additional awards for damages from the accused. You should consult with a personal injury attorney and highly consider taking legal action.
Talk to a Personal Injury Lawyer to get legal advice and find out if you can bring an injury claim for negligence.
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Posted by Frank Rivero on 22 Jun 2010
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