Who doesn’t have a cell phone these days? Pretty much everyone has a mobile phone that keeps them in touch with their friends, families, and co-workers. You probably have one yourself. What you must realize is that for some, a cell phone is seen as a deadly weapon.
For Jennifer Smith, it is a serial killer. Almost a year and half ago, Smith filed a wrongful death lawsuit against the cell phone manufacturer and wireless company who provided service to the man who caused a fatal car accident that killed her mother.
Our firm’s car accident attorneys have seen time and time again the amount of pain and suffering can be caused by a cell phone in the hands of a driver. In this case, Smith’s mother had to experience a wrongful death for light to be shed on the issue that drivers that use cell phones while driving are distracted drivers, and distracted drivers cause auto accidents.
Jennifer Smith lost her mother when a distracted driver on a cell phone ran a red light (Source: The New York Times).
The fatal crash occurred on September 3, 2008, in Oklahoma City when a car driven by Smith’s mother, 61-year-old Linda Doyle, was smashed into by 20-year-old Christopher Hill’s pickup truck. At the time, Hill was passing through an intersection while talking on a phone, not realizing that he was running the red light. The ensuing collision was deadly.
Smith’s lawsuit for her mother’s wrongful death is not the first to point a finger at cell phone and wireless providers – nor will it be the last. Her wrongful death lawsuit is based on the grounds that cell phone companies know that they are putting people at risk of personal injury or death, but they haven’t done enough to curb the problem because so much of their marketing is focused on having a phone in the car. It’s an interesting case to say the least. Whether or not she’ll win it, that’s another story.
In 2003, an Indiana woman successfully sued Cingular when one of their customers collided with her while on a cell phone. Unfortunately for her, a state appellate court threw the case out, citing that people drive and talk on phones all the time without crashing. The court expressed the idea that driver inattention causes car accidents, but that cell phones do not.
Our firm’s car accident attorneys disagree with this ruling because it’s common knowledge that cell phones distract drivers. Anything that makes it difficult for a driver to pay attention to the road could potentially lead to a car wreck. Some even believe that driving with a cell phone on your ear and drunk-driving are equally dangerous.
With the case of Christopher Hill – who was talking on a Samsung UpStage phone at the time of the accident – his service provider, Sprint Nextel, has disregarded accusations of negligence and irresponsibility. The wireless giant has expressed that it has given ample warning to customers about the dangers of driving while on the phone – in their manuals, on their website, and educational materials for example. But with all of that information provided, does it get through to customers?
“I never read it,” Hill said.
Samsung has declined to comment on this issue.
Our car accident attorneys – in an effort to keep you out of the hospital for medical treatment of personal injuries – have only one thing to say on this matter: put the phone down if you are driving. The road and other drivers always deserve your full attention.
Call us now at 1-800-655-6585 or click here for a free consultation with an experienced car accident attorney and find out how we can help you. We speak English and Spanish, and we look forward to providing advice for your case. No fee if no recovery.
About Michael PinesMichael Pines is a former insurance company attorney who specializes in car accident injury. While he was an insurance attorney, he learned from behind the scenes on how insurance companies work and how they decided to pay injured people. Now that he works against insurance companies, Michael's inside knowledge has resulted in significant benefits to his clients injured in car accidents.
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Tags: cell phones, distracted drivers, fatal car accidents, running red lights, wrongful deaths
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