Distracted driving is one of the leading causes of car accidents in the United States. Texting while driving is particularly dangerous, as it requires visual, manual, and cognitive attention. Despite the dangers, many drivers continue to engage in this reckless behavior.
When you have been involved in a texting while driving accident, it’s important to contact an attorney. A personal injury lawyer can help you navigate the legal system and fight to maximize your compensation. Find out how Triumph Law can help.
Texting and Driving Car Accidents
The National Highway Traffic Safety Administration’s 2019 report found that in 2019, 3,142 died in distracted driving incidents and that it is estimated that 660,000 drivers are using their cell phones while driving at any given moment.
Additionally, it is estimated that texting and driving increases the risk of an accident by a whopping 23 times. If you were hurt by a distracted driver, it is necessary to prove that their negligence behind the wheel caused your injuries.
While the cause of the crash can seem obvious, the opposing insurance company and the defendant’s counsel can fight against your claims. A texting and driving attorney can gather evidence and subpoena cell phone records to help strengthen your case.
How Can a Texting While Driving Accident Lawyer Help Me If I’ve Been in a Car Accident?
A texting-while-driving accident lawyer can help you by providing legal representation and guidance throughout the legal process. We provide guidance and help you determine the best course of action during a challenging time.
A lawyer has the resources to help you secure the evidence to prove that the other driver was texting while driving, such as traffic cam footage or cell phone records.
Finally, we handle contact with opposing lawyers and negotiate with insurance companies and other parties involved in the accident to ensure you receive fair compensation for your injuries, damages, and losses.
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Why You Shouldn’t Handle Insurance Negotiations Alone
There are a lot of people that try to settle with the insurance company or get a settlement on their own. This may be a prudent financial move in situations when there are no injuries, and the property damage is minor, but it can jeopardize your claim if injuries are severe.
Professional insurance adjusters deal with a large number of claims each day. They are well-versed in the best practices for cutting costs for their companies. They are taught to minimize compensation and, where possible, reject claims.
The insurance company may be powerful, but you can still fight back. An attorney for accidents caused by texting and driving can help even the odds. We’ll deal with the insurance company’s adjusters on your behalf and push hard to secure you the maximum compensatory damages possible in your case.
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The Other Driver Definitely Caused the Accident. I don’t Think I Need an Attorney
You will need to provide evidence of the other driver’s negligence, even if it is clear that they were texting and driving just before the accident. It will be your word against his, and the insurance company will likely try to shift some of the liability to you.
The insurance adjuster may point to the fact that you were over the speed limit as evidence that you were somewhat responsible for your own injuries. The doctrine of comparative negligence applies in the state of California. This means that you may share liability.
For example, if you bear 20% of the liability, it means that whatever payment you receive will be reduced by that percentage. You cannot receive compensation if you were more than half responsible for the accident. You can fight accusations of liability with the aid of a texting and driving accident attorney.
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Evidence in a Texting and Driving Case Is Critical
To establish the other driver was texting and driving, your lawyer will examine all the facts in your case. With this data, you may construct a more persuasive argument.
A lawyer may gather evidence including:
- Documentation of driving history and accident records
- Reports from witnesses
- Footage captured by surveillance cameras
- Witness cell phone footage
- The official accident report filed by the police
- Video from a traffic camera
Damages in a Distracted Driving Accident
If you are hurt in an automobile accident caused by a careless driver, you have the right to seek monetary compensation under the law. In a personal injury claim, both economic and non-economic damages may be claimed.
A texting while driving lawyer can help you pursue the following:
- Medical expenses: Your current and future medical bills stemming from your accident-related injuries are always included.
- Property damage: property damage includes the cost to repair or replace your car and other damaged belongings.
- Lost wages: Your lost wages include the income lost due to time off work for healing and treating your injuries and loss of future wages if you become disabled
- Pain and suffering: Damages for pain and suffering include those associated with the initial injury, any subsequent medical procedures, and the time it takes to recover.
Noneconomic damages can also include loss of consortium and diminished quality of life as a result of the accident.
You may be better prepared to avoid financial hardships for yourself and your loved ones after an accident when you enlist the help of a lawyer after an accident caused by texting while driving.
Talk to a Personal Injury Law Firm About Your Texting and Driving Accident
All drivers are responsible for driving safely to keep other road users safe, but texting while driving has been shown to be one of the most hazardous distracted driving habits.
We have aided numerous car accident victims in demonstrating that other drivers were inattentive and have successfully obtained large damages on their behalf.
You have the burden of proof in any personal injury claim. That’s why it’s important to have Triumph Law on your side. Contact us today to discuss your situation and see how we may be able to assist you.
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