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 one woman, it is a serial killer. Almost a year and half ago, the woman 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, the woman’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.
The fatal crash occurred on September 3, 2008, in Oklahoma City when a car driven by the woman’s mother, 61, was smashed into by a 20-year-old’s, a man’s, pickup truck. At the time, the man was passing through an intersection while talking on a phone, not realizing that he was running the red light. The ensuing collision was deadly.
The lawsuit for the woman’s 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 this man in question — 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,” the man 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 1-858-551-2090 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.
SENIOR PERSONAL INJURY ATTORNEY & FIRM FOUNDER
Michael Pines is a former insurance company attorney who graduated from the University of California Hastings College of the Law in 1987. While he was an insurance attorney, he learned from behind the scenes how insurance companies work and how they decide how much 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. Learn more about Michael Pines