Texting while driving is illegal in many states, including California. But what happens if the other driver was texting at the time of the accident that caused you harm?
While the law may be on your side as you pursue maximum compensation for someone else's negligent actions, it isn't always easy to establish fault or determine liability that sees you fairly compensated for accident injuries.
Insights from knowledgeable car accident lawyers can help you understand what happens if a texting driver causes an accident, what you can do to strengthen your personal injury claim, and how legal professionals can ensure your right to maximum compensation stays intact throughout the process.
Understanding Distracted Driving and Its Dangers
Texting while driving is one of the most dangerous forms of distracted driving. It combines three major forms of distraction:
- Visual distraction: Taking your eyes off the road.
- Manual distraction: Removing your hands from the steering wheel.
- Cognitive distraction: Diverting your focus away from driving.
Even a short glance at a phone can have devastating consequences. Research shows that sending or reading a text takes about five seconds. At highway speeds, that's like traveling the length of a football field blindfolded.
Texting While Driving: Eye-Opening Statistics
Texting while driving remains a leading cause of distracted driving accidents, leaving countless people dealing with injuries, frustration, and unanswered questions. To understand the scope of the issue, consider these impactful statistics:
- Over 390,000 injuries occur annually in accidents caused by distracted drivers, with texting being one of the predominant culprits.
- Drivers who text are 23 times more likely to cause a crash compared to those who remain focused on the road.
- Roughly 25% of all car accidents in the U.S. involve the use of a cell phone while driving.
- A text message takes an average of five seconds to read or send. At 55 mph, that equals driving the length of a football field without looking at the road.
These figures raise critical questions about accountability and fairness. Assistance from experienced car accident lawyers can shed light on your rights and options for seeking justice when such recklessness results in preventable harm.
Was the Other Driver Texting? Legal Considerations When Pursuing Maximum Compensation for Auto Accident Injuries
How Proving Texting While Driving Impacts Liability and Compensation
When an at-fault driver is found to have been texting, it's often considered a clear sign of negligence. This may strengthen your case for compensation. However, the burden of proof often rests with the injured party, and building a strong case often relies on the following evidence:
- Cell phone records: These can confirm if the driver was actively texting, using apps, or making calls right before the crash. Accessing these records often requires legal intervention.
- Eyewitness statements: If someone saw the driver using their phone or noticed erratic driving, their testimony can help establish credibility.
- Traffic and security footage: Videos from nearby cameras can capture the driver's behavior leading up to the accident.
- Police reports: Officers may note signs of distraction or cite the at-fault driver for texting, adding weight to your claim.
This evidence helps determine and establish clear liability. As a result, you may be able to recover compensation more aligned with the severity of your damages and losses. Without it, distracted drivers or their insurers may attempt to minimize or deny their responsibility.
If you have been in a distracted driving accident and have trouble gathering this evidence due to the severity of injuries, consider speaking with an experienced personal injury lawyer who may be able to assist.
Types of Injuries in Distracted Driving Accidents
After a distracted driving accident, injuries can range from immediate and obvious to delayed and subtle. Here's a breakdown of common injuries and how they can be tied to the negligent actions of a texting driver:
- Whiplash or neck strains: Often caused by rear-end collisions resulting from delayed reaction times by distracted drivers. Medical exams and accident reconstruction can demonstrate the connection between the crash and this soft tissue injury.
- Head and brain injuries: Concussions and traumatic brain injuries are common in high-impact crashes where a distracted driver failed to brake or swerved into oncoming traffic. Diagnostics like CT scans and expert testimony help establish the severity and link to the accident.
- Spinal injuries or herniated discs: Side-impact and rear-end collisions can cause debilitating back injuries. Chiropractors, orthopedists, and medical imaging play key roles in showing these were a direct result of the crash.
- Broken bones or fractures: These injuries often result from T-bone or head-on collisions at intersections where a driver was texting instead of yielding their right of way. X-rays and reports from first responders can solidify causation.
- Internal injuries or organ damage: High-speed crashes caused by distractions can lead to serious but less visible injuries, like internal bleeding. Immediate medical assessments are critical in identifying and documenting these conditions.
- Soft tissue injuries: Strains, sprains, and tears in muscles or ligaments can result from even low-speed collisions. These injuries may worsen over time and require ongoing care, which medical records can help tie back to the original incident.
- Delayed symptoms of trauma: Some injuries, like mild brain trauma or muscle soreness, might not become apparent until days or weeks after the collision. Medical professionals can help connect these delayed symptoms to the crash with thorough evaluations and timelines.
Establishing a clear link between your injuries and the other driver's negligent behavior often requires evidence like expert medical opinions, accident reports, and reconstruction analysis. By leveraging these tools, you can strengthen your claim and pursue the compensation you deserve.
Common Challenges in Distracted Driving Accident Cases
While texting might seem like a clear-cut cause of negligence, it's not always easy to prove. Here are some potential challenges that may arise:
- Privacy Issues: Accessing cell phone records is not automatic. A court order is often required. This is especially difficult to get without the help of legal professionals.
- Disputes over fault: The at-fault driver's insurance company may argue that texting was not the primary reason for the crash, or they may try to shift responsibility onto you.
- Lack of witnesses: Linking texting to the accident can become more difficult without eyewitnesses or additional evidence, such as video footage.
Overcoming these hurdles often requires a solid strategy, one that personal injury lawyers can help craft to protect your rights and build your case.
Why Acting Quickly Makes a Difference In Distracted Driving Accident Cases
Timing can play a critical role in car accident claims involving texting while driving. Some of the reasons it's important to act promptly include:
- Preservation of evidence: Cell phone companies typically don't keep records forever. Requesting phone records quickly increases the chances of obtaining the information you need.
- Witness testimony: Memories fade. Gathering statements from witnesses soon after the accident ensures that their accounts are fresh and reliable.
- Statute of limitations: Every state has laws limiting how long you have to file a personal injury claim. Waiting too long could hurt your chances of recovering compensation.
The sooner you explore your legal options, the better positioned you'll be to build a strong case.
When Should I Contact a Personal Injury Lawyer After a Distracted Driving Accident?
Knowing when to seek legal help after a distracted driving accident can be daunting. Beyond the obvious scenarios, there are unique situations where contacting a lawyer could significantly impact your ability to recover justice and fair compensation. These include:
- When liability is unclear: Accidents can involve complicated questions about fault, especially in multi-vehicle crashes or when both drivers claim the other was distracted. A lawyer can investigate and establish clear responsibility.
- If the at-fault driver is uninsured or underinsured: Pursuing compensation becomes more challenging when the other driver lacks sufficient coverage. An attorney can help identify alternative sources of recovery, such as your own insurance or other liable parties.
- Accidents involving a commercial vehicle or employee driver: These cases often include corporate liability issues, requiring deeper investigation into driver policies, training, or employer responsibility. Legal support can help untangle these complexities.
- Disputes over medical treatment coverage: If your insurance delays or denies claims for necessary treatments, a lawyer can advocate for your rights and ensure proper coverage for your injuries.
- When pedestrians or cyclists are involved: Distracted driving accidents that harm a pedestrian or cyclist often involve unique legal considerations, such as right-of-way disputes or additional evidence needs. A lawyer ensures these factors are addressed.
- Pressure to accept a quick settlement offer: If you're being rushed to settle a claim before fully understanding your injuries or long-term effects, an attorney can protect you from undervaluing your case and lock in the compensation you deserve.
- When liability involves public property hazards: Accidents caused by distractions near road defects, poor signage, or dangerous intersections could involve municipal liability. A lawyer can guide you through the additional legal hurdles these cases include.
Contacting an experienced personal injury lawyer opens the door to clearer guidance and stronger advocacy in these and other complex situations. They can help you fully understand your options and work to ensure you receive the compensation and justice you're entitled to, no matter the intricacies of your case.
What Compensation Can You Receive in Texting-While-Driving Cases?
If a texting driver caused your accident, you may be entitled to compensation to help address the financial and emotional toll of the crash, including but not limited to:
- Medical expenses: Covers hospital stays, surgeries, physical therapy, prescription medications, and any ongoing or future care costs.
- Lost wages and income: Reimbursement for income lost due to time off work, including diminished earning capacity, if injuries limit your ability to work in the future.
- Property damage: Payment for repairs or replacement of your vehicle and any other belongings damaged in the collision.
- Out-of-pocket costs: Includes expenses like transportation to medical appointments, home modifications for accessibility, or hiring caregivers during your recovery.
- Pain and suffering: Compensation for physical pain and the overall discomfort caused by your injuries.
- Emotional distress: Addresses mental health impacts like anxiety, depression, or trauma stemming from the accident.
- Loss of consortium: If the accident harms your relationship with your spouse or family, this compensation reflects that loss.
- Reduced quality of life: For ongoing limitations or lifestyle changes caused by long-term injuries.
- Punitive damages (in certain cases): Awarded when the at-fault driver's behavior was especially reckless or egregious, such as texting while speeding or ignoring traffic signals.
The amount and types of compensation you might receive can depend on several factors, including:
- Severity of injuries: More serious injuries often result in higher compensation due to increased medical costs and long-term effects.
- Extent of negligence: Strong evidence proving the at-fault driver's reckless texting can influence economic and non-economic damages.
- Available evidence: Reliable documentation, such as phone records, accident reconstruction reports, and medical expert testimony, strengthens your claim.
- Insurance policies: The limits of the at-fault driver's insurance and your own uninsured/underinsured motorist coverage can impact the total payout.
Understanding what factors affect your compensation can give you a clearer picture of what to expect and help you make informed decisions about your claim. An experienced personal injury lawyer can review the unique details of your case, estimate potential damages, and advocate to secure the compensation you deserve.
Were You Injured By a Texting Driver? Contact Legal Fighters for Guidance
From dealing with uninsured drivers to navigating liability disputes, getting the right support after a texting driver causes you harm may help you better recover the compensation you deserve. That's where Legal Fighters steps in.
Whether you're unsure about proving the texting driver's fault, feeling pressured to accept a quick settlement, or struggling to secure coverage for mounting medical bills, our legal professionals can provide the clarity and advocacy you need.
Don't wait to see if legal guidance could benefit your situation. Contact our experienced car accident lawyers online or at (800) 210-0000 to explore your rights and legal options when injured by a texting driver.