Impact of the Use of a Cell Phone in a McKinney Car Accident

Plaintiff’s Cell Phone Usage Influence on the Injury Claim

Use of a mobile device at the time of the car accident is something that can be admissible in court. If the plaintiff, is arguably partially at fault for the wreck, use of the cell phone is certainly something that the defendant will justifiably use to try to show the plaintiff’s own negligence in causing the wreck. In Texas, there is what is called modified comparative negligence standard. What that means is that if the plaintiff is at fault for a portion of their own injuries, then the amount that they are at fault is going to reduce the amount they can recover. The modified part of that means that if the injured party is more than 50 percent at fault for their own injury, the injured party cannot recover any money. The 51 percent bar rule bars any recovery if an individual is more than half at fault for their own injury.

However, if a plaintiff was on the cell phone and is stopped at a red light and is rear-ended, then the plaintiff’s use of the cell phone had nothing to do with the wreck. This means the plaintiff’s cell phone usage may not be admissible in evidence. The impact of the use of a cell phone in a McKinney car accident depends on the circumstances.

Shared Fault in McKinney Car Crashes Involving Cell Phones

If both drivers were using their cell phones at the time of the accident, then there may be a shared fault where the jury will assign fault accordingly. Of course, the impact of the use of a cell phone in a McKinney car accident depends on the circumstance of the wreck when trying to assign negligence. It is important to remember that if the plaintiff is considered more than half at fault, then they cannot recover any damages. To find out more information, contact a knowledgeable lawyer.