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The dangers of distracted driving are well-documented. According to statistics from the Centers for Disease Control and Prevention, over 3,000 people are killed every year due to distractions such as texting or talking on the phone while operating a vehicle.
Not only do these fatalities lead to great sorrow among family members of those lost in crashes related to distracted driving, but they also often cause legal battles between victims’ families and defendants who may be found liable for damages incurred through their negligence.
In this article, we’ll discuss the physical and financial consequences of texting while driving and how to get help if you’ve been injured by a negligent driver.
The Dangers of Texting and Driving
When you’re texting and driving, you’re not fully focused on the road. Your eyes are off the road, your hands are off the wheel, and your mind is not fully engaged in driving. This leads to a significant reduction in your ability to react to potential hazards on the road.
The consequences of texting and driving can be severe and far-reaching. Not only can this behavior result in physical harm and property damage, but it can also lead to legal and financial consequences. Here are some of the potential consequences of texting and driving:
- Legal penalties – In many states, it’s illegal to text while driving. If you’re caught, you could face fines, points on your license, or even jail time.
- Increased insurance rates — If you’re involved in an accident while texting and driving, your insurance rates will likely increase.
- Civil lawsuits — If you cause an accident while texting and driving, you could be sued by other drivers, passengers, or pedestrians involved in the accident.
- Personal injury — Texting and driving accidents can cause serious injuries, such as broken bones, spinal cord injuries, and traumatic brain injuries.
- Emotional trauma — Being involved in a texting and driving accident can be emotionally traumatic for both the driver and any victims.
It’s important to remember that these consequences can have a ripple effect on your life and the lives of those around you. The best way to avoid them is to avoid texting while driving altogether. By staying focused on the road and practicing safe driving habits, we can all do our part to prevent accidents and keep ourselves and others safe.
Personal Injury Lawsuits for Texting and Driving Accidents
Personal injury lawsuits stemming from car accidents involving texting are becoming increasingly common.
This type of lawsuit seeks monetary compensation for medical bills, emotional distress, property damage, loss of earnings or future income potential, and other expenses associated with an accident that was deemed avoidable had it not been for negligent behavior on the part of the defendant(s).
In some cases, you may even seek punitive damages if gross negligence is proven beyond a reasonable doubt in an attempt to punish the at-fault party.
Compensation available in these cases will vary depending on various factors, including the severity of your injuries, the costs of medical treatment, and other expenses. To start your claim, you must file a claim against the at-fault party’s insurance. However, insurance companies are notorious for undervaluing injury claims.
If you’ve been injured, it’s essential to work with an injury attorney to get maximum compensation.
Determining Liability for Distracted Driving
Liability in texting and driving accidents can be complex. In general, the driver texting at the time of the accident is considered at fault. This is because texting while driving is a form of distracted driving, a negligent behavior that can cause accidents.
However, liability may also extend to other parties involved in the accident. For example, if the driver who was texting was driving a company vehicle at the time of the accident, the company may also be liable for their employee’s behavior. Similarly, if the driver was underage, their parents or legal guardians may also be held liable.
In some cases, liability may be shared between multiple parties. For example, if another driver speeding hit the texting driver, both drivers may be considered partially at fault for the accident. Determining liability in texting and driving accidents can be a complex process that requires a thorough investigation of the facts and evidence related to the case.
Seeking Justice for Texting and Driving Accidents
If you or a loved one has been involved in a texting and driving accident, it’s important to seek justice and hold the responsible party accountable for their actions.
Here are five steps you can take to seek justice:
- Document the accident: Take photos of the scene of the accident, get the contact information of any witnesses, and keep copies of any accident reports or medical records related to the accident.
- Contact an attorney: A personal injury attorney can help you understand your legal options and navigate the complex legal system. They can also help you negotiate with insurance companies and other parties involved in the accident.
- File a claim: If you’ve been injured in the accident, you may be entitled to compensation for medical bills, lost wages, and other damages.
- Negotiate: Work with your attorney and the adjuster to determine a fair settlement for your injuries and damages.
- Go to court, if necessary: If you cannot settle, your case may need to go to court. Your attorney can represent you in court and help you build a strong case to prove liability and win compensation.
Seeking justice for a texting and driving accident can be a long and challenging process, but it’s important to hold the responsible party accountable for their actions. With the help of an experienced attorney, you can navigate the legal system and get the compensation you deserve.
Have you been injured by a negligent driver? Contact our team at Injury.io today.
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