Texting while driving is a dangerous activity, yet many drivers are guilty of just that, even if they only do it occasionally. Younger drivers are far more likely to text someone or respond to a text message while driving and, unfortunately, this sort of behavior can lead to serious injuries and fatalities.
If you have been hit by a driver who is distracted because of texting, you may be able to recover the cost of medical treatment and lost wages, as well as the damage to your vehicle, by filing a personal injury claim. It is always advisable to get legal help from an attorney who has experience in these sorts of claims.
What is the Chance of a Side Impact Accident Caused by a Distracted Driver?
Side on or side impact car accidents are routinely caused when texting drivers fail to concentrate when passing another vehicle, when switching lanes, when entering or exiting a major highway, and at an intersection. Texting is particularly dangerous because the driver must take his or her hands off the wheel to tap in their message or handle their cell phone or tablet.
The fact that they may be staring down at the device they are using is also a major reason why this practice is not only dangerous, but is illegal in most states. The driver’s eyes will not be on the road ahead and, therefore, the position of other vehicles.
Possible Side Impact Crash Injuries
Side impact crashes can cause significant injuries, especially if the crash is of the T-bone type where the distracted driver rams another vehicle in the side as they emerge from a side road or at an intersection.
The size the vehicle used by the distracted driver and the size of the vehicle that you are in, as well as the relative speeds of both vehicles, are important factors determining the severity of any injuries.
Texting drivers may also hit another vehicle as they pass them while their eyes are on their text message. Drifting across lanes in a multi lane highway is a frequent cause of side impact car accidents.
What You Could do to Recover Damages
If you are in a no-fault state and your injuries are not too serious, you will need to file your claim with your own insurance provider. In all other cases you may consider filing a personal injury claim, which is a procedure handled by the civil court in your area and is aimed at the insurer of the driver at fault.
Each state has slightly different personal injury rules, and it is important to be aware of what these are before actually filing a claim. For instance, if you were hit by an employee of a government agency or department, the procedure is different from a claim against a private individual. Whatever the state rules that apply, all personal injury claims are only likely to be successful as long as you can prove that the other driver’s negligent act (i.e. texting while driving) caused your injuries.
Why You Should Use an Attorney to Help You With a Personal Injury Claim
It’s hard dealing with a persuasive and experienced insurance adjuster representing the driver who hit you on the side. You are far more likely to have a successful outcome if you discuss your accident with an experienced personal injury attorney before you file a claim.
Additional Resources
- What Happens When a Car Is Hit From The Side?
- Sample Demand Letter—Cell Phone Accident
- Responsibility for Car Accidents
