Drivers shouldn’t text and drive, but some do and these drivers oftentimes cause accidents. It is impossible to focus on a mobile device, press buttons, or use a touch screen and drive safely at the same time. If you have been the victim of a vehicle accident caused by a texting driver and think you have proof that negligence was involved, you may be able to file a personal injury claim and direct it to the other driver’s insurance provider.
A successful claim can help pay for medical treatment, repair damage to your vehicle, and compensate for lost earnings and the pain and suffering caused. In most cases, you will find that you have a higher chance of obtaining compensation if you use a personal injury attorney to help you.
What is the Chance of a Head-On Collision Caused by a Texting Driver?
People who attempt to text and drive at the same time cannot concentrate safely on the road conditions ahead of them. A head-on collision may be inevitable if the driver tries texting on a narrow, one lane highway. All it takes is a moment’s inattention and a hand, or even both hands, removed from the wheel to use the device.
If the road is wide enough and there is little traffic, you may be able to avoid the worst by using the shoulder, but just as often this is impossible or the other driver’s movements are too erratic to know how to react in time. The only advantage of a head-on collision, such as it is, is that you may have seen what caused the crash and even see the other driver with a mobile device in his or her hands just before the impact.
Possible Head-On Crash Injuries
Head-on collisions can cause very serious injuries. The scale of the impact is magnified by the direction of both vehicles involved. Drivers and front seat passengers are both more at risk of serious injuries like facial and brain damage because the vehicle colliding with them is much closer to the most easily damaged parts of their bodies.
The actual injuries depend on the combination of circumstances. How fast were the two vehicles traveling? Were seat belts used and air bags deployed? What were the relative sizes of the vehicles involved? Was there any evasive action taken? What were the designs of the two vehicles and how crash-proof were they?
What You Could Do to Recover Damages
If you are considering filing a personal injury claim, you will need to find out the rules for such claims in the state where the accident took place. There will be a time limit on making a claim. Some states only allow personal injury claims if the injuries are serious. If you were hit by a driver working for any government agency, this could complicate the claims process and shorten the time you have available.
You will need proof that the other driver was behaving in a negligent manner. If you believe that the driver was texting at the time, your attorney, if you have one, may be able to sub-poena the driver’s cell phone company to find out if he or she was using their device at the time of the crash, or just before it.
Why You Should Use an Attorney to Help You With a Personal Injury Claim
Your chances of obtaining a fair compensation payment will be much higher if you use a personal injury attorney to handle your claim, rather than trying to negotiate directly with the other driver’s insurance provider.
