Top Texting and Driving Accident Lawyers

Texting and driving is a dangerous behavior that poses significant risks on the road. It creates three types of distractions while driving:

• Visual distraction: Taking eyes off the road to look at a phone.
• Manual distraction: Taking hands off the wheel to handle a phone.
• Cognitive distraction: Diverting mental focus away from driving. 

The momentary lapse in attention caused by texting significantly increases the risk of a car accident. Drivers may fail to respond to potential hazards and obstacles.

Injuries caused by texting and driving

A texting and driving accident can result in minor to severe (and even fatal) injuries. Some of these injuries include:

• Whiplash: Whiplash, strains, and sprains can occur in the neck, back, and shoulders due to sudden jerking movements during a collision.
• Broken bones: More severe accidents can lead to fractures in the arms, legs, ribs, or facial bones.
• Head injuries: Texting and driving can result in mild to severe head injuries. These injuries can lead to cognitive issues, mood changes, sleep disturbances, and other issues.
• Spinal cord injuries: High-impact accidents may lead to spinal cord injuries. This can potentially lead to paralysis or long-term disability.
• Internal injuries: Blunt force trauma can damage internal organs. This can lead to internal bleeding, organ lacerations, ruptured organs, or other internal injuries.
• Burns: A vehicle may catch on fire during a crash, leading to burns and smoke inhalation injuries.

Proving that someone was texting and driving typically requires a combination of evidence and legal procedures. An attorney may use the following methods to establish that a driver was texting at the time of a crash:

• Eyewitness testimony: Witnesses who observed the driver using their phone or texting before or during the crash can provide testimony.
• Cell phone records: Attorneys can subpoena the at-fault driver’s cell phone records to determine if they were texting or using their phone at the time of the crash.
• Police reports: Law enforcement officers who arrive at the crash scene may document their observations and gather statements from witnesses. If the driver was cited for texting and driving, this can be strong evidence.
• Social media and messaging apps: If there is evidence of recent texts, calls, or social media posts on the driver's phone, it may provide evidence that they were using their phone while driving.
• Video footage: Dashcam or surveillance camera footage from the crash location or nearby can sometimes capture evidence of distracted driving.

Texting and driving is prohibited in most states and the District of Columbia. Montana is the only state that hasn’t banned texting and driving. However, distracted driving laws vary by state.

In some states, texting and driving is a primary offense. This means that law enforcement officers can pull drivers over and ticket them solely for texting while driving. 

In states where texting while driving is a secondary offense, drivers can only be ticketed for texting if they’re pulled over for another traffic violation.

The consequences of texting while driving also vary by state. In most cases, a driver will face fines, license points, and the possibility of increased insurance premiums. However, repeat offenders may face more serious consequences. Drivers may face license suspension and be required to complete driver education or safety courses related to distracted driving.

If you were hit by a distracted driver the value of your case will depend on the severity of your injuries and the amount of damages accrued. Only experienced texting and driving accident lawyers can determine the true value of your claim.

An attorney will tally up your current and future medical costs, lost wages, and property damage. Plus, they will factor in pain and suffering, mental and emotional anguish, and loss of enjoyment of life. If the at-fault party’s actions were grossly negligent or intentional, an attorney may pursue punitive damages.

Were you injured in a texting and driving accident? Don’t let the insurance companies determine the outcome of your claim. A Law.com Premier Car Accident Attorney will advocate for you every step of the way.

Our verified lawyers work on a contingency fee basis, so you don’t have to pay any upfront fees. They only get paid if you do. Find out how an attorney near you can help. Set up a free consultation today!