Can I Sue The Cell Phone Companies When I'm Hit By Someone Talking On Their Phone in a Missouri Car Accident?
Can I sue the cell phone companies when I’m hit by someone talking on their phone in a Missouri car accident? The answer, according to the Pennsylvania Injury Law Report, is probably not. The recent article recounts a fatal car accident in Indiana where a driver ran a red light while talking on his cell phone.
The driver of the other car, 20 year old Christopher Hill, owed a duty Mrs. Doyle, to operate his vehicle in a prudent and reasonable manner. We all owe that duty to each other when we are driving on the road. When that duty is breached, it gives rise to a claim for negligence. Without the duty, there is no negligence.
The Indiana Court dismissed the case against Cingular, for reasons that include the unforeseeability of the accident and the absence of a legal relationship between the woman and Cingular. The court also said that crashes are caused by driver inattention, not by cell phones, adding that drivers often talk on phones without crashing.
Imposing a duty on Cingular and similar companies to prevent car accidents such as the one in this case would effectively require the companies to stop selling cellular phones entirely because the companies have no way of preventing customers from using the phones while driving. Doing so would place a higher burden on those companies than on other types of manufacturers or sellers of products that might be distracting to drivers. Ultimately, sound public policy dictates that the responsibility for negligent driving should fall on the driver. Legislation has already been drafted to address the issue of cellular phone use while driving and to place the responsibility on the driver to refrain from doing so. We are confident that the legislature is taking appropriate measures to protect public safety, and that is both its right and duty.
This is why it’s so important to carry adequate uninsured and underinsured motorist coverage. If you are seriously injured in a St. Louis car accident a minimum 25,000/50,000 policy will probably not cover your injuries. By purchasing uninsured and underinsured motorist coverage, usually at pennies on the dollar, you ensure that you will be made financially whole if you have the misfortune of being involved in a Missouri auto collision.
If you are in a St. Louis car accident with someone who has a minimum policy of $25,000 and your medical bills are $35,000 their policy won’t even cover all your medical bills. What about lost wages, future medical bills, and pain and suffering? With underinsured motorist coverage your insurance would cover the difference. This is why it is important to review your insurance policy and consider adding uninsured and underinsured coverage. If you are unsure how the details of your auto insurance policy will protect you if you are in a car wreck, contact an experienced Missouri car wreck attorney.
Underinsured motorist protection covers damages that exceed the amount of coverage carried by a negligent driver. Underinsured coverage typically pays up to the limits of your policy after subtracting the amount paid by the other driver's insurance. This type of coverage applies to you, anyone in your car, and any family member listed on your policy that is injured in another car.
Uninsured motorist protection covers you if you are in an accident with an uninsured motorist. But it also does much more. If you are injured as a pedestrian you will be covered. Best of all, uninsured motorist coverage also protects you and family members traveling in other cars.
See My Other Blog Posts On Car Insurance:
Insurance Companies Still Playing Dirty
Why Everyone In Missouri Should Check Their Uninsured and Underinsured Motorist Coverage
Budget Tight? Skip Paying For Car Insurance.
