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Distracted driving is a leading cause of car accidents in both Delaware and throughout the country. When a driver takes their eyes off the road to send a text, they are not able to focus for up to 30 seconds. In that time, their car can travel as much as half a mile at full speed on the highway. Distracted driving accidents tend to be more serious because there is an even greater element of unpredictability involved. If you have been injured in a distracted driving accident, you should contact an experienced attorney to review your legal options and fight for you to get full compensation.
The only way to use a phone while driving in Delaware is if it is completely hands-free. Anything that involves the use of your hands becomes a violation of the law, which allows police to pull you over and give you a ticket. These laws apply whether you are on a highway or driving on local roads.
There are numerous restrictions on the use of a handheld device while driving in Delaware. The first thing that you are not able to do is hold the phone while you are speaking on it. If you need to talk while you are driving, you would have to do it through Bluetooth. Even then, a driver should use their best judgment about when it could be distracting to have a phone conversation behind the wheel.
Further, Delaware law also prohibits reading or sending texts while driving. In addition, drivers are not allowed to send emails or check the internet while behind the wheel. Anything that results in you holding your phone in your hand or looking at it while driving can be grounds for an officer to pull you over and give you a citation.
Texting While Driving Is a Primary Offense in Delaware
Unlike other states, a police officer can pull a driver over in Delaware for the sole reason that they see them using their mobile device. Using a phone while driving is considered a primary offense, and the police officer does not need to see that you have done something else wrong to assess this fine as an additional one. Delaware law states a driver is given a $100 fine for a first offense for texting while driving. Second or subsequent offenses can result in a fine of up to $300. Although texting while driving itself does not result in points on a license, a driver may receive points for something that they did because they were texting, such as speeding or making an illegal lane change.
If you have been injured in an accident that was caused by distracted driving, you may be entitled to a significant amount of financial compensation. You do not necessarily have to prove that the driver was distracted, but it can help with your legal case. An experienced car accident attorney can help you obtain cell phone records through the subpoena process if you file a lawsuit against the responsible driver.
If there is any close call about liability, these records can be used to prove that the driver was doing something wrong. Further, obtaining cell phone records through a subpoena can also give you more leverage when you are trying to negotiate a settlement with the insurance company. They may not want to fight you when there is conclusive proof that their policyholder was doing something wrong at the time of the accident.
If you have been injured in a crash that involves distracted driving, the New Castle car accident lawyers at Jacobs & Crumplar, P.A. can help. Our lawyers would work to establish liability for the accident and then fight for you to get every dollar you deserve in a settlement. The first step to take is to call us today at 302-656-5445 or contact us online to schedule a free initial consultation. Our offices are located in New Castle and Millsboro, Delaware, and we serve clients in New Castle County, Kent County, and Sussex County.