Texting & Driving Accident Attorneys
What to Do If You Were Hit by a Distracted Driver
In most states, it is unlawful to use a cell phone or another device to send a text message while operating a motor vehicle. Texting and driving laws vary state by state, but it is nearly always considered a form of negligence. After all, a person who is texting behind the wheel is indisputably distracted, meaning they are more likely to cause an accident.
If you or someone you care about was injured in an accident caused by another driver who was texting or using a cell phone at the time of the accident, you could be entitled to financial compensation for your medical bills, future medical care costs, and other damages. By filing a civil lawsuit against the at-fault driver, you can work to hold them accountable for their negligence and recover rightful compensation to ease the losses you have endured.
Texting & Driving Laws
As previously mentioned, texting while driving laws are different in each state. For example, in Wisconsin, no one is permitted to text while driving, regardless of the driver’s age. Additionally, no driver in Wisconsin may use a handheld cell phone or communications device for any purpose while driving, except in an emergency. Motorists with learning permits or probationary licenses may not use a handheld or hands-free communications device while driving.
In contrast, drivers in Texas, while not permitted to send electronic communications such as text messages while driving, are permitted to use handheld cell phones while driving, as long as they are over the age of 18, have a valid driver’s license (as opposed to a learner’s permit), and are not in a school zone.
Although it may not be illegal to use a handheld cell phone in some states, talking on the phone while driving can still constitute negligence. Additionally, texting while driving is nearly always prohibited and is widely considered to be a form of distracted driving in all U.S. states.
What Makes Texting While Driving So Dangerous?
There are three ways in which a person can be distracted while driving:
- Visually: Visual distractions are anything that cause the driver to take his or her eyes off the road while driving
- Manually: Manual distractions cause the driver to remove his or her hands (one or both) from the steering wheel
- Cognitively: Cognitive distractions are thoughts and actions that take the driver’s mind off of the task of operating the motor vehicle
Texting while driving is so dangerous because it involves all three types of driving distractions: the driver’s eyes are off the road because he or she is looking down at a cell phone and reading a text message; the driver’s hands are not on the wheel because he or she is holding the cell phone and/or typing a text; and the driver’s mind is not on the task at hand because he or she is thinking about what he or she is reading or typing. Simply put, a driver who is reading or sending a text message is not paying attention to the road and is not ready to react to changing road conditions. This can—and does—lead to serious accidents.
How an Attorney Can Help You
If you were rear-ended by a texting driver or if your loved one was involved in a head-on collision with someone who was looking down at a cell phone when the crash occurred, your attorney can establish the other driver’s negligence by working to prove that he or she was distracted and that this is what led to the crash. That being said, proving that someone was texting immediately prior to or during an accident can be difficult. The other driver will likely argue that they weren’t texting and driving and are, therefore, not liable for the accident. Their insurance company may attempt to use this version of events to dispute your claim or even deny it outright.
Our texting and driving accident lawyers can help you build your case by investigating the following:
- The other driver’s cell phone records
- The time, date, and location of the crash
- The type of accident that occurred
- Police reports and testimony (if available)
- Witness statements regarding what happened
- Nearby security/CCTV footage
- Accident analysis and reconstruction reports
- Your medical records and billing statements
At Dunk Law Firm, we genuinely care about helping you move forward after the accident. We know that this often means holding the negligent driver accountable and recovering the compensation you need to keep up with mounting medical bills and day-to-day expenses. Our goal is to help you secure all of the compensation you are entitled to receive, and we are ready to advocate tirelessly for you throughout the legal process.
Contact Us Today for a Free Consultation
At Dunk Law Firm, we know the devastation that often comes after a serious car accident. Our texting and driving accident attorneys want to help you and your family get back on your feet. With our experienced legal team on your side, you can feel confident knowing that we have your back. We are ready to fight zealously for your recovery and, throughout the process, will provide reliable communication and consistent updates on the status of your case.
We prioritize personalized, attentive client service. We are proud to represent clients right here in our community and throughout the entire U.S. with the skill and professionalism they deserve. We provide services in English and Spanish and there are no fees unless we win.
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