As I drive into Atlanta each morning, I pass scores of drivers talking and texting on their cell phones. We have all probably been guilty of it, but what you may not know is that if you are in a car accident and you were talking, texting or emailing on your cell phone you have opened yourself up to a bigger lawsuit with potentially higher damages. The first thing a good attorney will do is subpoena cell phone records to check whether a driver was on his phone at the time of the accident.
By the end of 2008 there were over 270.3 million wireless subscribers in the United States with over 87% of the population owning a cell phone. Several years ago, the National Highway Traffic and Safety Administration conducted a study to determine just how the use of a cell phone while driving contributed to car accidents. 
Interestingly, the study found that it did not matter whether a driver was using a handheld or hands free device, either way, the drivers were distracted by the use of the device and phone conversation. Phone conversations, dialing, answering, and texting all resulted in delays in responding to slowing traffic and, particularly scary, a significant drop in the ability to merge into traffic while using a cell phone.
We all need to think a little more carefully before we get behind the wheel of a car and take a call or try to read a text. If you have teenagers make sure they are not using their cell phone while driving. It is truly a safety issue with deadly consequences.
Read more:
National Highway Traffic and Safety Administration
