Texting and driving is one of the most common distracted driving habits throughout the U.S. Though people often underestimate this habit’s danger, glancing down at your phone for a few seconds is virtually the same as driving the length of a football field while blindfolded. To operate a vehicle and use a mobile phone simultaneously is quite a risky behavior to engage in, one that endangers both the negligent driver and all others on the road. If you have recently been involved in a car accident by someone who was texting and driving, know that you have legal rights to compensation and that your rights will be protected by a car accident lawyer.
I have Been Hit by Someone Who was Texting – What Are My Rights?
Just like in all auto collisions, you, as the victim, have the right to pursue compensation for the damages inflicted upon you. Damages you can collect include the following:
- Property damage
- Pain and suffering (i.e., emotional, or psychological trauma you may experience in the aftermath)
- Medical expenses
- Lost wages
- Reduced capacity to earn
- Wrongful death
Any losses you incurred as a directly result of the other driver’s negligence are eligible to be compensated, so long as you have the means to prove their liability. One key element that will help support your case is that you are justified by current law. Though not all states prohibit texting and driving in the same capacity, someone who engages in this behavior is in direct violation of traffic legislation and can be charged on that alone.
However, to prove their direct responsibility to your sustained damages, you’ll need a texting and driving car accident lawyer.
How a Lawyer Can Help Your Texting and Driving Case
The burden of proof falls on the victim’s shoulders when developing a claim. This can be difficult to do in a texting and driving car accident since these drivers are often quite sneaky in their behavior behind the wheel. Fortunately, you have the right to legal defense when filing a lawsuit against the other driver. Your lawyer will know just what to do to get around their attempts at evasion. A few different ways they might prove liability are as follows:
- Gather dashcam or security videos. Your lawyer will secure footage of the incident to point out any key behaviors that may prove that the negligent party was texting at the time of the crash.
- Speak with witnesses. Another driver may have seen the negligent individual texting before they hit your car. Your lawyer will seek statements from such witnesses as they build your case for compensation.
- Collect a police report and the officer’s testimony. Law enforcement officers provide an impartial perspective on the details of the case. These reports include the officer’s perspective on liability as well, which can be a tremendous help in building the foundation of your case. Your lawyer may have them attend the trial to testify as well.
- Request cell phone records. This is perhaps one of the most critical things your lawyer can acquire for you in this case. They can issue a subpoena for the negligent driver’s phone records to prove that they were texting during your crash.
For these reasons and more, it is imperative that you contact a lawyer as soon as possible after your texting and driving accident. They will ensure that your rights are protected throughout the entirety of your case.