The Department of Transportation divides driver distractions into three types: - Taking your mind off driving. If you or a family member has sustained an injury in a texting and driving accident, you may have grounds for legal action. In addition, there are some ways you can take action legally: The defendant's insurance company will be liable for damages from a car accident caused by a negligent driver. According to the National Highway Traffic Safety Administration, a driver who is texting while driving is 23 times more likely to be involved in an accident than one who does not.
We will gather the evidence required for the case such as getting a court order to subpoena the other driver's phone records or speaking to witnesses at the scene of the accident. School bus drivers cannot use any cell phones behind the wheel. And unlike a driver under the influence, police have to rely on witness accounts most of the time to charge a driver with driving while distracted. The police report may indicate that there was evidence that one driver admitted to texting while driving and therefore, caused the accident. The distracted driver's insurance should be legally liable for your injuries. In such cases, it is in the victim's best interest to seek help from a texting and driving accident attorney in Florida with a track record of success. Also, drivers are not allowed to reach for a device if it requires them to leave their driver's seat or take off the seatbelt when driving such as reaching for a phone in the back seat. Hiring a distracted driving lawyer makes the process easier, because: Punitive damages are a type of damages awarded in addition to compensatory damages. New Jersey laws help to prevent texting accidents and play a role in taking legal action when someone causes an accident by texting. What Damages Can Victims Collect? Data shows that the number of fatal crashes attributed to reckless driving and driver distraction is on the rise.
Drivers are prohibited from holding or physically supporting wireless or stand-alone electronic devices except earpieces, headphones or devices worn on the wrists for voice communication when driving. Behaviors often leading up to accidents caused by texting and driving include: - Failing to stay in the proper lane. California law recognizes texting while driving as one of the most dangerous causes of distracted driving. You may feel overwhelmed if you are struggling to recover from serious injuries in a motor vehicle accident in Corpus Christi. Officers can't always tell when cellphone use was responsible for an accident and drivers generally won't admit to cellphone use. We are aggressive and effective courtroom advocates when insurance companies refuse to provide proper settlements.
Distracted driving statistics suggest that teens and young adults are at the greatest risk for texting accidents. If you have suffered an injury at the hands of a distracted driver, contact us for a free consultation today. Manual Distractions: Manual distractions involve drivers taking their hands off of the steering wheel. In the case of an auto accident caused by a driver who was texting and driving, an individual suffering injuries can pursue compensatory damages, also known as monetary damages. Having pictures as extra evidence can make all the difference in your injury case. State legislatures across the nation are considering and implementing laws that would criminalize and hold liable a driver engaged in distracted driving.
These are just a few of the damages you can recover: - Hospital bills: The bills you have already collected and any expenses you're expected to have for surgeries and rehabilitation in the years to come. In fact: - Texting is more likely to increase the risk of a crash than regular cell-phone use, according to the Governor's Highway Safety Association (GHSA). If you were injured in a car crash caused by a distracted driver who was texting, you have a legal right to demand compensation from the at-fault driver for your medical bills and other accident-related losses. Learn How a Texting While Driving Accident Lawyer Can Help You Today. Cognitive Distractions: A cognitive distraction causes a driver's mind to drift from the task at hand – driving safely.
Call us at Bethune Law Firm and one of our exceptional texting while driving accident lawyers in Atlanta will speak to you immediately. Call us today and get in touch with the best Atlanta texting while driving accident lawyer. Additionally, plaintiffs who have experienced emotional distress or pain and suffering as a result of the accident can collect compensation for those injuries as well. Reports: - Drivers in their 20s make up 27 percent of the distracted drivers involved in fatal crashes. Texting is considered among the most dangerous forms of distraction. Failure to Notice Bicyclists. Drivers under age 21 with learner's permits or probationary licenses may not use any cell phones, hand-held or hands-free, while behind the wheel. It creates an enormous risk of accidents and leads to many preventable injuries and deaths. Who can prove that the driver was distracted? Our award-winning Fort Worth personal injury attorney will work tirelessly to negotiate a fair settlement offer. Failure to Notice Pedestrians. In the days after a crash, your attorney can investigate the scene of the accident to gather important evidence that proves your side of the case. If you suffered injuries or losses as a result of a person texting while driving on the roadways, you may have the legal right to receive compensation for your medical bills, lost wages, property damage, and pain and suffering. In 2017 alone, distracted driving accidents caused approximately 3, 166 fatalities, and resulted in countless other injuries.
I am entitled to more because the driver was not obeying the law? Our car accident lawyer can help you pursue just compensation from the distracted driver. Rosen Law Firm, LLC. When a driver is distracted, their ability to react to normal traffic patterns and unexpected events is limited. The driver's insurance company contacted me and would like to settle the case.
Because there are many steps we need to take before filing a lawsuit, we ask potential clients to contact us about their cases as early in the process as possible. As a result, you might be able to recover compensatory damages for your injuries. If the other driver's insurance company offers a settlement, we can handle the negotiations on your behalf. While drivers who text and drive are facing the possibility of getting a ticket, there may be more serious consequences.
This includes documenting the other driver's negligent action that led to your accident, such as running a red light, failing to stop at a stop sign, or crossing over the centerline. Visual, taking your eyes off the road. John Foy & Associates has been in Atlanta for almost 20 years. According to New York State Police, New York was the first state to pass a law against handheld phone use back in 2001, even before text messaging was as widespread as it is today. It is important to note that the first settlement offer given by an insurance company is typically substantially lower than what a victim needs in order to compensate them for their medical bills, loss of wages due to the inability to return to work, property damage, and pain and suffering. But once people get behind the wheel of a car, cell phone texting must be limited to ensure safety. What should I do if I or a loved one has been injured in a Distracted Driving accident? You should not be burdened with medical debt from injuries caused by a distracted driver. We have earned the trust of our clients and the respect of our peers. While it is not explicitly stated in the law, it is most likely that use of social media and social media messaging such as Facebook, Twitter, Instagram, or WhatsApp while driving would also be illegal, as it entails the same prohibited activities. This evidence could entitle you to financial recovery.
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