Can a Baltimore car accident attorney sue someone whose cell phone use resulted in an accident?

If as a result of using a cell phone use, the driver of an at fault vehicle causes an accident, the driver will be held responsible by a Baltimore car accident attorney for the accident if the cell phone use was one of the causes of the accident.

More than a quarter of all car crashes in America are likely caused by cell phone use, a study by the Nation Safety Council has shown. According to the NSC, the estimate for crashes caused by texting rose to at least 6% in 2013.Additionally, 21% of crashes in 2013 were related to the use of handheld or hands-free phones. The council estimates that talking on the phone led to 1.2 million wrecks in 2013, while texting was involved in at least 341,000 more. There were some 5.69 million auto crashes in the US in 2013, the NSC estimates based on National Highway Traffic Safety Administration figures.

The NSC found that 9% of drivers at any time during daylight hours were talking on cell phones, and that drivers talking on the phone while behind the wheel were four times as likely to crash as drivers who were not using their phones. The number of drivers “manually manipulating” handheld devices, a catch-all term for using a phone with your hands to do things like text, was estimated to be 1.7% of all drivers at any-time during the day. Though studies into the subject have been limited, text messaging while driving is believed to increase the risk of crash eight to 23 times over driving while not texting.

A Baltimore car accident attorney knows under Maryland Law you may never text while on the travel portion of the road. Under Maryland law, the driver may never use a handheld cell phone while the vehicle is in motion unless for an emergency, or a cdl driver or law enforcement. A Baltimore car accident attorney knows under Maryland law a person over 18 with a provisional driver’s license or learners permit may not use a handheld cell phone even when the vehicle is not in motion.

Under Maryland law anyone using a car under the age of 18 may not use a handheld or hands-free phone while operating the car. Finally, a Baltimore car accident attorney knows under Maryland law the driver of a motor vehicle can- not drive the vehicle with the video screen or television on and facing the driver. Violations of any of the above cell phone or texting laws could be evidence of negligence and in addition to points and a fine as well as suspension of driving privileges could result in a finding of negligence if the driver is found to have an accident while being on a hand-held phone or texting

Md. TRANSPORTATION Code Ann. ง 21-1124.2-Communications Traffic Safety Act

(a) Definitions. —
(1) In this section the following words have the meanings indicated.
(2) “Handheld telephone” means a handheld device used to access wireless telephone service.
(3) “9-1-1 system” has the meaning stated in ง 1-301 of the Public Safety Article.
(b) Exceptions to applicability of section. — This section does not apply to:
(1) Emergency use of a handheld telephone, including calls to:
(i) A 9-1-1 system;
(ii) A hospital;
(iii) An ambulance service provider;
(iv) A fire department;
(v) A law enforcement agency; or

(vi) A first aid squad;
(2) Use of a handheld telephone by the following individuals when acting within the scope of official duty:
(i) Law enforcement personnel; and
(ii) Emergency personnel;
(3) Use of a handheld telephone as a text messaging device as defined in ง 21-1124.1 of this subtitle; and
(4) Use of a handheld telephone as a communication device utilizing push-to-talk technology by an individual operating a commercial motor vehicle, as defined in 49 C.F.R. Part 390.5 of the Federal Motor Carrier Safety Regulations.

(c) Persons prohibited from use of handheld telephone while driving. — The following individuals may not use a handheld telephone while operating a motor vehicle:
(1) A driver of a Class H (school) vehicle that is carrying passengers and in motion; and
(2) A holder of a learner’s instructional permit or a provisional driver’s license who is 18 years of age or older.
(d) Prohibited use of handheld telephone while vehicle is in motion. —
(1) This subsection does not apply to an individual specified in subsection (c) of this section.
(2) A driver of a motor vehicle that is in motion may not use the driver’s hands to use a handheld telephone other than to initiate or terminate a wireless telephone call or to turn on or turn off the handheld telephone.
Md. TRANSPORTATION Code Ann. ง 21-1124
Prohibition against use of wireless communication device while driving by minor holding learner’s permit or provisional license

(a) Definitions. —
(1) In this section the following words have the meanings indicated.
(2) “9-1-1 system” has the meaning stated in ง 1-301 of the Public Safety Article.
(3) “Wireless communication device” means a handheld or hands-free device used to access a wireless telephone service.

(b) Applicability of section. — This section does not apply to the use of a wireless communication device:
(1) To contact a 9-1-1 system; or
(2) As a text messaging device as defined in ง 21-1124.1 of this subtitle.
(c) Prohibition. — An individual who is under the age of 18 years may not use a wireless communication device while operating a motor vehicle.

21-1129. Driving while video and electronic display equipment are on
A person may not drive a motor vehicle on a highway if the motor vehicle is equipped with television-type receiving equipment or video display equipment, as defined under ง 22-414.1 of this article, that is turned on and displaying an image visible to the driver.

Md. TRANSPORTATION Code Ann. ง 21-1124.1  (2016)

21-1124.1. Text messaging prohibited
(a) Definitions. —
(1) In this section the following words have the meanings indicated.
(2) “9-1-1 system” has the meaning stated in ง 1-301 of the Public Safety Article.
(3) “Text messaging device” means a handheld device used to send a text message or an electronic message via a short message service, wireless telephone service, or electronic communication network.
(b) In general. — Subject to subsection (c) of this section, an individual may not use a text messaging device to write, send, or read a text message or an electronic message while operating a motor vehicle in the travel portion of the roadway.
(c) Exceptions. — This section does not apply to the use of:
(1) A global positioning system; or
(2) A text messaging device to contact a 9-1-1 system.

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