Texting or using a cell phone while driving is one of the leading causes of car accidents each year. The National Safety Council estimates that more than 1.6 million vehicle crashes occur each year because of cell phone usage while driving. Using a cell phone while driving qualifies as a form of distracted driving, even if you weren’t texting. If you were recently involved in a car accident with someone who was texting while driving, it’s time to reach out to an experienced accident attorney.
The costs of medical care and damage to your property after an accident can be difficult to manage, particularly if your insurance provider has underestimated the value of the overall damages. If another driver is at fault for the accident because of their distracted driving habits, you shouldn’t have to pay for the aftermath of their decisions. The goal of hiring an accident injury attorney is to get financial compensation from the opposing party or insurance providers in order to better manage these bills, lost wages, and disabilities.
Your rights to compensation, which is otherwise referred to as a settlement, often depends on the fault or negligence of the distracted driver. In many cases, distracted driving qualifies negligence, which means the person who was texting or making a call while driving may be partially or entirely legally liable for the damages of the accident. In the majority of states, it’s illegal to text while driving. For inexperienced drivers, cell phone use in any form may also be unlawful. A distracted driving accident attorney can best explain the laws pertaining to your case and local area.
What is Distracted Driving?
The National Highway Safety Traffic Safety Administration identifies three forms of distracted driving that involve using a cell phone. Holding a phone to your ear, speaking with a visible headset, or manipulating the device with your fingers (i.e., texting) are all common forms of distracted driving. While a driving distraction is technically anything that takes your attention away from the road or the wheel, the use of a cell phone is one of the clearest intentional diversions from driving safely, and may result in legal consequences should you get in an accident.
Is Texting While Driving Illegal?
The laws surrounding distracted driving and texting while driving vary depending on your state and local municipality. In the majority of states, texting or visibly manipulating your phone with your fingers is illegal and may result in a fine. If you get in an accident while texting, there are a variety of liability concerns that may ultimately require you to pay for the damages or injuries resulting from the accident. In some states, such as Utah, distracted driving regulations extend beyond texting. On the other hand, in states such as Alaska, there are no restrictions on using a cell phone while driving. You can check the laws and regulations for your state with this distracted driving guide.
How Can an Attorney Assist Me After an Accident?
After assessing any injuries and receiving medical attention, you should reach out to a texting while driving accident attorney if you feel that another driver is at fault for the accident. First-time consultations are usually free and can give you a good idea of your right to compensation.
Gather Evidence of Expenses and Fault
Your accident injury lawyer will begin the assessment of your case by assisting you with gathering all the available evidence that supports your case. This typically includes police records, insurance company statements, and photos or dashcam footage from after the accident. Your attorney will also gather medical billing information, calculate lost wages, and, if necessary, collect statements from medical professionals that prove disability. This process forms the basis for your case and can give you a clear picture of what level of settlement you can expect. If your case goes to court, presenting this evidence to a judge will be necessary for receiving compensation for accident injuries.
Negotiate With Insurance Companies
The goal of many insurance adjusters is to make money for the insurance company by minimizing the insured’s claim value after an accident. Experienced accident injury lawyers often assist clients by negotiating with insurance providers and adjusters on their behalf. This negotiation process is an important step to maximize your claim’s value and your eventual settlement.
Take Your Case to Court (When Necessary)
Fighting for an adequate settlement that covers the full extent of the damages and injuries suffered from an accident is a challenging process. If the negotiations process with other drivers or your insurance provider stalls, your accident injury attorney will let you know when it’s time to take your case to court. The decision to elevate your claim to this level isn’t easy already and occurs more often in higher-value cases. The best texting while driving and distracted driving accident attorneys aren’t afraid to take this step in order to fight for your right to financial compensation.
How Much Does Hiring An Attorney Cost?
Many auto accident attorneys, regardless of case type, operate on a contingency fee basis. A contingency fee essentially means that the lawyer you hire after an accident only receives payment if you win a settlement. There are no fees up front, and the payment to your attorney is often included in the total value of your settlement, so you’ll never end up incurring legal fees anywhere near the total value of the compensation.
Conclusion– Why You Should Call an Attorney After a Texting While Driving Accident
Texting while driving is a hazardous form of distracted driving that results in thousands of accidents each year. Individuals who text while drive are often at fault or found to be negligent drivers in the event of an accident. If you were recently injured in an accident where a distracted driver might potentially be at fault for the accident, you should speak to an experienced texting while driving accident attorney as soon as possible.