Top Texting-While-Driving Lawyers

Over the last twenty years, cell phones have become an integral part of daily life for most Americans. Many have become so accustomed to constantly checking their phones for text or social media notifications that they experience withdrawal symptoms when they can't. This is particularly true for younger generations who have grown up tethered to their electronic devices. Alarmingly, research from the AAA Foundation for Traffic Safety shows that over half of teenagers admit to using their cell phones while driving, and a quarter even confess to texting while at the wheel.

Common Injuries Caused By Texting While Driving Accidents

Texting while driving is a form of distracted driving, leading to thousands of injuries and fatalities on U.S. roads each year. Each texting and driving incident is unique, but the resulting injuries are often severe or fatal due to the driver's complete lack of attention to the road. This could lead to swerving into another lane or even head-on collisions. If another driver is texting and driving and crashes into your car, you could suffer serious injuries, including:

• severe traumatic brain injuries
• spinal cord injuries leading to paralysis
• nerve damage
• amputations
• aortic dissection
• broken or fractured bones
• internal organ injuries
• bleeding
• burns
• bruising
• lacerations
• death

There are several ways that you may be able to prove that another driver was using a cell phone or texting-while-driving:

1. Eyewitness testimony: If you or any other witnesses saw the other driver using their cell phone at the time of the accident, their testimony can be used as evidence in court.
2. Cell phone records: The other driver's cell phone records may show that they were using their phone around the time of the accident. These records can be obtained through a subpoena or court order.
3. Dashcam or surveillance footage: If you have a dashcam or there is surveillance footage of the accident, it may show the other driver using their cell phone.
4. Damage to the vehicles: The damage to the vehicles may indicate that the other driver was distracted at the time of the accident. For example, if their car veered off the road or stopped suddenly, it may suggest that they were not paying attention to the road.

It is important to note that proving that another driver was using a cell phone or texting-while-driving can be challenging and may require the help of an experienced attorney. If you are involved in an accident and suspect that the other driver was distracted, it is important to gather as much evidence as possible and speak to an attorney as soon as possible.

Laws regarding texting and cellphone use while driving vary by state and country. In general, it is illegal to text or use a hand-held cellphone while driving in many places. Some states and countries have laws that prohibit all drivers from using hand-held cellphones while driving, while others only prohibit cellphone use by certain categories of drivers, such as novice drivers or school bus drivers.

In some places, it is legal to use a hands-free device, such as a Bluetooth headset, while driving, but it is still generally considered dangerous to engage in any distracting activity while behind the wheel. Many states and countries have laws that prohibit any form of distracted driving, including texting and cellphone use, and impose penalties for violations.

It is important to be aware of the laws in your specific location and to follow them to ensure the safety of yourself and others on the road. It is also a good idea to limit or avoid cellphone use while driving as much as possible, as it can be a major distraction that can increase the risk of accidents.

The settlement value in a texting-while-driving accident will depend on a variety of factors, including the severity of the injuries sustained, the amount of property damage that occurred, and the specific laws and regulations in the jurisdiction where the accident took place.

In general, the more serious the injuries and the greater the property damage, the higher the settlement value is likely to be. However, the settlement value may also be affected by other factors, such as the fault or liability of the parties involved, the availability of insurance coverage, and the ability of the parties to negotiate a settlement.

It is important to note that settlement values in texting-while-driving accidents can vary widely, and there is no set formula for determining the value of a particular case. An experienced personal injury attorney can help you understand the potential settlement value of your case, and can provide you with legal guidance and representation to help you pursue fair compensation.

During liability and settlement negotiations, insurance companies may employ deceptive tactics to lower the settlement amounts offered to victims. The negotiation process between insurance adjusters and victims can become contentious as insurance companies often distort the accident details or the victim's injuries. Some common tactics they may use include:

• Quick Settlement Offers: The at-fault driver's insurance company might quickly offer a settlement to conclude the case. Note that this initial offer is often much lower than what's needed to cover medical bills, lost wages, property damage, and pain and suffering. A texting while driving accident lawyer from Law.com LawyerPages can help you fight for a fair settlement.
• Recorded Phone Conversations: Do not allow an insurance company to record your phone conversation, as they can use snippets of the dialogue against you to offer a lower settlement. Also, be careful about answering seemingly harmless questions, like "How are you?", as they could misconstrue your response to imply that your injuries are less severe than claimed.
• Requests for Full Medical Records: Insurance companies might request complete medical records from victims. However, you're only required to provide medical records related to the accident, and only after all the injuries and medical issues have been fully treated.

Other FAQ For Drivers In Texting-While-Driving Accidents

1. Can I file a lawsuit after a texting-while-driving accident?

Yes, it may be possible to file a lawsuit after a texting-while-driving accident. If you have been injured in an accident caused by another driver who was texting-while-driving, you may be able to pursue a personal injury claim or lawsuit to seek compensation for your damages, including medical expenses, lost wages, and pain and suffering.

2. Who is at fault in a texting-while-driving accident?

The driver who was texting at the time of the accident may be at fault. However, fault in a car accident can be complex, and multiple parties may be at fault. It is important to speak with an experienced personal injury attorney to understand the specific fault or liability in your case.

3. Can I file an insurance claim?

Yes, you may be able to file an insurance claim after a texting-while-driving accident. If you have been injured in an accident caused by another driver who was texting, you may be able to seek compensation from the driver's insurance company.

4. What should I do after a texting accident?

After a texting accident, it is important to take the following steps:

1. Seek medical attention for any injuries, even if they seem minor.
2. Call the police and report the accident.
3. Take pictures of the accident scene and any damages or injuries.
4. Exchange contact and insurance information with the other driver.
5. Do not admit fault or apologize to the other driver.
6. Consult with an experienced personal injury attorney.

5. How long do I have to file a lawsuit after a texting accident?

The time you have to file a lawsuit after a texting accident is limited by the statute of limitations. The statute of limitations is a law that sets a time limit on your right to file a lawsuit. The time limit varies by state, and it begins to run from the date of the accident. If you do not file a lawsuit within the time limit set by the statute of limitations, you may lose your right to pursue legal action.

6. Do I need a lawyer to file a lawsuit after a texting-while-driving accident?

While it is not required to have a lawyer to file a lawsuit after a texting-while-driving accident, it is highly recommended. Personal injury cases can be complex, and an experienced lawyer can help you navigate the legal process, gather and present evidence, and negotiate with the other party or their insurance company. A lawyer can also provide you with legal guidance and representation to help you pursue fair compensation.

7. How much does it cost to hire a lawyer for a texting accident case?

The cost of hiring a lawyer for a texting accident case will depend on the specific lawyer and the circumstances of your case. Many personal injury lawyers handle cases on a contingency basis, which means that you do not pay any upfront fees. Instead, the lawyer will take a percentage of the settlement or award that you receive as their fee. It is important to discuss the fee arrangement with your lawyer before hiring them to ensure that you are comfortable with the terms.