Texting while driving endangers innocent drivers and pedestrians. The seconds it takes to send a text dramatically increases the odds of an accident, leading to heartbreaking consequences for victims and their families.

After a serious crash due to someone texting behind the wheel, you need to secure the compensation you deserve to restore a sense of normalcy to your life. Holding irresponsible drivers accountable requires building a solid case, navigating the claims process, and having the right legal support to guide you. Do not hesitate to contact a seasoned car accident attorney to handle your case lawfully.

Establishing the Cause of Your Accident

In a standard car accident claim, establishing fault depends on proving negligence, which is not exercising reasonable care. Irresponsible driving behaviors, such as driving over the speed limit, following too closely, or not obeying traffic signals, are all examples of fault. Texting while driving is illegal in most jurisdictions and is an extremely reckless action that goes beyond basic poor driving.

Proving a texting driver caused your accident can significantly strengthen your case and increase the compensation available for your medical bills, lost income, and other consequences of your ordeal. Solid evidence of how the accident unfolded and the key role that texting played can get full coverage for your damages. If possible, begin building your legal case immediately after your accident if you suspect illegal texting.

Signs the Other Driver Was Texting

A driver’s phone may obviously distract them, and witnesses may have seen the driver holding their phone immediately before the crash. It’s not always that straightforward, however.

Some red flags that could indicate the at-fault driver was texting include:

  • Delayed reactions: These can include moving slowly when a light turns green or not engaging in appropriate defensive maneuvers to avoid a collision.
  • Erratic driving: This is evident if the car swerved or did not follow the line of traffic or if the driver otherwise operated the vehicle dangerously.

These signs are not definitive proof of a texting-while-driving accident, but they do provide indications that can guide further investigation for building your case.

Initial Evidence to Gather at the Scene

In any car accident, collecting evidence at the scene can be incredibly valuable for supporting your compensation claim, especially any proof the at-fault driver caused the accident due to illegal smartphone use.

If safe and feasible to do so, you can:

  • Take photos and videos: Document relevant details that can indicate the sequence of events relating to the accident, including the position of the vehicles involved, any visible damage, and skid marks on the road.
  • Obtain contact details from witnesses: Bystanders can provide crucial testimony if they saw the other driver driving erratically or using their smartphone. Your lawyer can subsequently contact these witnesses to obtain statements.
  • Talk to police: Tell the responding officers your side of the story and your suspicions the other driver was texting, which will ensure this aspect is in the official report.

You should also mention these suspicions when you report the accident to the insurance companies. Highlighting this early on sets the stage for subsequent investigations and legal proceedings and can help your lawyer establish negligence more efficiently.

When the stakes are high, as they often are in car accidents, every detail counts. With proper evidence and legal guidance, you can make sure a texting driver doesn’t evade responsibility for the harmful situation they caused but will instead face the legal consequences of their actions.

Protect Your Legal Rights After a Texting-Related Car Accident

After a texting-while-driving accident, you may deal with injuries, significant financial costs, and disruption to your life, all because of another driver’s unacceptable lapse of judgment.

While the law is on your side after this kind of preventable tragedy, protect your legal rights and place your claim in a strong position.

Make sure you:

Seek Medical Attention

The first step after any car accident is to seek immediate medical attention and appropriate treatment. Even if you feel all right, some serious injuries that collisions can cause aren’t immediately obvious but can manifest later, such as brain concussion. Follow medical advice to protect your health and strengthen your legal claim.

You should:

  • Keep medical records as evidence: These records can substantiate the injuries you sustained from your accident and will be subject to scrutiny throughout the legal process.
  • Consistently treat your injuries: If you miss appointments or don’t follow medical advice, insurance companies can use this against you, allowing them to downplay the severity of your injuries and decrease your compensation.

Be Cautious When Dealing With the Texting Driver’s Insurance Company

It might seem straightforward when the at-fault party’s insurer contacts you to request a statement and specific details about the accident. Their primary goal is to minimize payouts, often by blaming victims or disputing basic facts about what happened. To avoid inadvertently harming your case, don’t agree to recorded statements or sign any releases without first talking to your lawyer.

Document Your Damages From the Accident

Detailed evidence of the ways the accident has harmed you will help your legal representative build a stronger case for compensation. This includes the economic toll of the crash and the physical, emotional, and mental repercussions of your ordeal. Examples of the evidence your lawyer can gather include:

Economic Damages

These are your tangible, out-of-pocket expenses, including:

  • Medical bills (including surgery, medications, and physical therapy).
  • Lost income due to time off work.
  • Costs to repair or replace your vehicle.
  • Other related expenses, such as car rental costs and transportation to medical appointments.

To document these expenses effectively, keep all your bills, medical records, and pay stubs and make copies. A well-organized folder with this information can go a long way in proving your economic losses.

Non-Economic Damages

These intangible losses can include:

While non-economic damages are not as straightforward to quantify, they’re just as important and worthy of compensation. To document these subjective costs, write a journal about your daily experiences while recovering, including your pain levels, your emotional state, and how your accident has had an impact on your lifestyle. The testimony of friends and family can also substantiate these claims.

Hire a Lawyer With Experience in Texting-Driver Accidents

When you’re dealing with the repercussions of an accident that a texting driver caused, o find a lawyer with specific experience in handling these types of cases. Pursuing compensation for texting while driving accidents requires establishing the involvement of illegal smartphone use.

A lawyer who knows these nuances can mean the difference between a successful claim that fully covers your damages and shouldering the burden of the accident yourself.

Following the steps above lays the groundwork for building a strong personal injury case against the texting driver responsible for harming you.

How to Find the Right Car Accident Lawyer

After a serious car accident that a texting driver caused, the stakes are often incredibly high. Hiring the right attorney to advocate for you throughout the complex legal process can increase the compensation you can recover and enable you to move on with your life.

Key factors to consider when looking for a lawyer to protect your best interests include:

Available Resources for Accident Investigation

Investigating a texting-while-driving accident can be complex and time-consuming, requiring specific knowledge and skills.

Your attorney should have access to:

  • Accident reconstruction experts: These specialists can analyze the crash site, vehicle damage, and available footage to reconstruct the accident.
  • Technological tools: To prove the other driver was texting, your attorney may need to use methods such as pulling phone records or using GPS data.
  • Medical experts: These professionals can testify about the extent of your injuries, the treatment you require, and how the accident has already damaged your life and may continue to do so.

Track Record of Success With Similar Cases

A lawyer’s experience counts for a lot in personal injury claims, especially with regard to niche areas, such as texting while driving accidents. An attorney with a strong track record handling the specific issues surrounding distracted driving is more likely to know the intricacies of the law and present a compelling case on your behalf. Ask potential lawyers about past clients they represented who were victims of texting while driving incidents and the settlements they received.

Transparent Fees and Billing Structure

Personal injury lawyers generally work on a contingency fee basis, meaning they only receive payment if you win the case. Some, however, may charge additional fees for filing, procurement of expert witnesses, or court appearances.

Ensure you:

  • Confirm the attorney’s percentage: If they work on a contingency fee basis, confirm what percentage of the settlement your attorney will take as payment.
  • Ask about additional costs: Make sure you’re aware of any additional costs the contingency fee might not cover.
  • Receive written confirmation: Obtain the fee structure and other financial arrangements in writing to avoid any subsequent misunderstanding.

Open Communication and Availability

When you first meet with potential lawyers, ask about their policy on client communication. For example, enquire if they will provide regular updates via email or phone and how quickly you can expect a response.

You need timely and clear communication for your peace of mind. You’ll want an attorney who’s knowledgeable and easily accessible when you have questions or concerns about the progress of your case. They can break down complex legal jargon into understandable terms, allowing you to make informed decisions as necessary.

Car Accident Attorney, Jacque Hawk
Jacque Hawk, Car Accident Lawyer

Involvement in a car accident that a texting driver caused can turn your life upside down, leaving you with financial, emotional, and physical challenges. While no amount of money can fully compensate for your suffering due to someone else’s recklessness, taking the appropriate legal steps can alleviate some of the financial burden and hold the irresponsible driver accountable. From the first moments at the accident scene to hiring a skilled personal injury lawyer, each step you take can strengthen your personal injury case.