Distracted driving has overtaken intoxication and speeding as the leading cause of traffic accidents. The main reason for this is the increasing use of cell phones and other mobile devices for communication.
These devices are fine unless there is a need to concentrate, e.g. when driving. Most states now have rules about texting while driving, but these rules are hard to enforce. Texting while driving and the use of mobile devices in any shape and form can cause very serious accidents. All it takes is a few seconds of distraction to cause an accident.
If you have been hit by a texting driver and were injured, you have a good chance of claiming compensation if you file a personal injury claim. A car accident attorney can help you prepare a claim against the at-fault driver.
Damages after an Accident Caused by a Texting Driver
If you have been hit by a texting driver, your car could be smashed and you and any other occupants of our vehicle could have sustained serious injuries. You will want to carefully consider the damages you should claim if you pursue a personal injury claim against the at-fault texting driver. These would include the following:
- pain and suffering compensation;
- compensation for any damage to your vehicle, as well as any other damaged property;
- compensation for lost earnings such as wages, salary and any other earnings;
- the cost of medical treatment related to your injuries.
How a Car Accident Attorney Can Help You Prove Fault
To win a personal injury claim, you must be able to establish who was at fault. A driver who momentarily loses concentration because they were texting or using their mobile device illegally could be construed as acting in a negligent manner.
However, how can you prove that the driver was texting just before you were hit? Unless you actually saw the driver yourself, or someone else saw the driver texting, or the driver admits to texting, it may be hard to prove.
If you hire a car accident attorney, it may be possible for the attorney to subpoena cell phone call details from the cell phone company to determine whether the other driver was using the phone at the time of the crash. Even if this is not possible, your attorney may be able to suggest ways of obtaining evidence that the driver’s negligence contributed to the crash.
Why You Should Let a Car Accident Attorney Handle Your Case
If you have been badly injured in a crash caused by a texting driver, you could face expensive bills for medical treatment and may have to give up work while recovering. If you avoid using a car accident attorney, you may end up without any compensation at all, or be offered a paltry amount by the at-fault driver’s insurer.
Most car accident attorneys offer free consultations and will defer legal fees until such a time that a settlement with the insurer is finalized. To find a car accident attorney that takes cases in your area, complete the Free Case Evaluation today!
