Drunk driving accidents are unfortunately quite common. Drunk driving is one of several "outside factors" which can sway your personal injury case decision in your favor - using a cell phone while driving is another outside factor.
Outside factors are the actions of the other driver that didnt directly cause the accident but contributed to, and prove, negligence. A drunk driving accident may have been caused by the driver speeding, failing to signal or running a stop sign. The drunkenness is incidental, but highly relevant.
Because of this, when an accident involves drunk driving the drinking is generally considered an intangible. So even if there's no charge of drunk driving, it's important to bring up anything alluding to the driver drinking. For example, smelling alcohol on the driver's breath or seeing empty bottles in the car. Emphasising these things can help your case.
Aside from drunk driving accidents, cell phone accidents are increasingly common. If the other driver was talking on a cell phone when the car accident happened, you're likely to win a quick personal injury settlement.
Cell phones have been proven to cause accidents by distracting the driver. Some studies have shown that cell phones are responsible for the same number of accidents as drunk driving. Mentioning this to the insurance adjuster will strengthen your case, but they'll still put up a fight. (There are also studies claiming that cell phones cause very few accidents, but those studies can be quite easily debunked.)
Before talking with the adjuster about this factor, research both sides so you know what to say - do a search online for studies relating to the dangers of cell phone use while driving. The study most likely to be used to counter your claim says that only a small percentage of accidents in North Carolina were caused by cell phone use. The study involves statistics from the 1990's and doesnt show the number of actual cell phone users in North Carolina at that time.
When drunk driving accidents happen a law has clearly been broken and charges will usually be made against the driver. That indictment alone should have the insurance adjuster hurrying to make an offer.
With cell phone use it isnt that easy since many states dont have laws against using them while driving. Without the element of a broken law and resulting charges, it may be more difficult to prove the driver was using a cell phone. This will come down to your word against theirs, but thats okay. If you know you're right, then make sure the adjuster realizes that if your claim goes to court, you will demand the other driver's cell phone records. This will prove your case.
If your case involves a drunk driving accident or a cell phone accident, make sure to stress it in your demand to the insurance company. Drunk driving accidents are so common that the mere mention of the word 'drunk' will do most of the work for you. With cell phone use, reference at least one study. This'll show the insurance adjuster you know what youre talking about and that your argument is solid.
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Article Added on Friday, March 16, 2007
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