It is highly unlikely that you are driving in a state that still permits driving while texting. Even though it is illegal in most states, the sad reality is that many drivers cannot resist using their cell phone, even in heavy traffic. Cell phone use is now a leading cause of vehicle accidents.
There is little that you can do to prevent another driver from forcing you off the road because he or she has been distracted by texting while driving. To recover the cost of medical treatment, lost earnings and the repair or replacement of your vehicle you will need to file a personal injury claim with the other driver’s insurer. You are more likely to obtain the compensation you deserve if you get help from an experienced personal injury attorney.
What is the Chance of Being Forced off the Road by a Texting Driver?
The unfortunate answer is that it is more common than you may think. Sensible drivers turn their cell phone off when driving, but even normally sane and sensible people find it hard to resist responding to a text message, especially when they are in a hurry, yet believe that the message is an important one. If the texting driver is passing you, the distraction may cause them to sideswipe you, or simply be so intimidatingly close that you take evasive action and veer off the road. You may also be forced off the road if you encounter an oncoming vehicle that appears to have miscalculated the gap available because the driver was distracted by a text message at the time.
Possible Crash Injuries After Being Forced Off the Road
If your vehicle has been side swiped and you are forced off the road, the potential for very serious injuries is high. Distracted driving accidents caused by a texting driver are unexpected so you cannot choose where to drive off the side of the road. This means that you could hit a building, a tree, a barrier, another vehicle or even turn right over in a ditch. Any of these scenarios could result in serious injuries including severe blood loss, broken bones, facial injuries, broken teeth, spinal damage and brain damage.
What You Could do to Recover Damages
You will need to file a personal injury claim if your injuries are serious. This is a legal right, even in no-fault states. Personal injury claims are directed towards the insurer of the at-fault driver and must be accompanied by sufficient convincing documentation that demonstrates:
- that the other driver’s actions involved negligence, e.g. was texting at the time;
- that you were forced off the road as a result of the other driver’s negligent driving;
- that this accident caused your injuries;
- that your claim is for specific documented damages, such as medical treatment, lost earnings, pain and suffering and the damage to your vehicle.
Why You Should Use an Attorney to Help You With a Personal Injury Claim
Insurance adjusters routinely make it hard to convince them that their client was responsible for injuries that you are claiming for. They have much more experience than you when it comes to evaluating such claims. The best advice is to get free advice from a personal injury attorney who deals with car accidents and let them negotiate with the adjuster on your behalf.
