Jennifer Smith lost her mother, Linda, when a Ford pickup crashed into Linda’s Toyota Rav 4. The driver of the Ford, Christopher Hill, claimed he caused the accident because was distracted by a call on his cell phone.
Jennifer is now taking action, not against Mr. Hill, but against the wireless carriers who provided the man with cellphone service while he was driving. She believes the companies should have seen the potential danger associated with driving while talking on the cell phone and should have provided adequate warning about these dangers.
Experts, such as Orange County personal injury attorneys, say the case presents a lot of challenges and may be unlikely to win. Still, these experts also agree that the action raises important questions as to personal responsibility on the road. A similar court case went through Indiana in 2003 and the case was dismissed upon appeal, as the court agreed that the crash was still caused by driver inattention –not cellphone use.
Sprint Nextel has rejected the claim of negligence and says they have included safety messaging on their website, user manuals, advertising and packaging. Mr. Hill has also denied that the companies are responsible for his actions, saying, “It’s our choice if we’re going to talk on the cellphone while driving or walking down the street or in the office,” he said. “The cellphone companies don’t say you should talk on the phone and drive.”
To read more about this lawsuit, see the article in the New York Times. Image Via scottc320 [Flickr]