Texting and driving is against the law in most states, yet it remains a prevalent problem on roadways nationwide and is often to blame in motor vehicle collisions.
If you become an accident victim due to the actions and behaviors of a driver texting behind the wheel, a Charlottesville car accident lawyer can help you pursue compensation for any injuries you sustain and additional damages.
To do so, you must protect your rights from the outset of the case and take the steps necessary to move your claim and case in the right direction.
Step one: call a car accident attorney
Call a lawyer first thing after a car crash with a texting driver. Any car accident can involve legal issues and challenges that make it difficult for victims to get the compensation they need. Do not assume that an insurer will pay out your claim only on the grounds that the other driver was texting.
An insurer may consider many factors when making a fault determination and deciding whether to approve or deny a car accident claim. Hire a car accident lawyer that can work on your case and fight on your behalf.
A lawyer understands how insurance companies think and how they might approach your car accident claim in a texting case. With an attorney at your side, you can be at ease knowing they are prioritizing your damages and fighting to maximize the possible recovery through a settlement or lawsuit if necessary.
Step two: follow doctors treatment recommendations
Injuries from a texting car accident can be serious and may have expansive effects and consequences on your life that you did not expect. To reach the maximum medical recovery possible, you must follow the treatment set out by your medical team.
Going to follow-up appointments with providers, rehabilitation sessions, possible surgeries, and other procedures can all affect how quickly you heal and whether you can achieve the best recovery possible.
Injuries that result in permanent damage or disability can result in costly damages and compensation for you as you can face the effects of your injuries for the remainder of your lifetime.
In its attempts to reduce liability or the amount of money to offer you in a settlement, an insurer could look at your recovery and whether you have done everything you can to get better. To protect your rights to seek the maximum compensation possible in your text accident case, you should abide by your doctor’s orders.
Step three: gather evidence to help your claim
Texting and driving can be challenging to prove without evidence of the other driver’s actions. Gather any evidence you may have in your possession or accessible to you that could help your claim, such as police reports and other records.
Your lawyer can help you gain access to evidence that is more difficult to retrieve but can make a significant impact on your case. Subpoenas of phone records are often vital in proving whether a driver was engaging in texting in the moments leading up to a crash.
If available, an attorney representing you in a claim can help you track down this evidence. Other evidence a lawyer may help you acquire include traffic cam footage or the testimony of nearby witnesses.
Step four: let your lawyer handle your insurance claim
The best way to protect your rights in a texting accident insurance claim case is to hire a lawyer and let them handle the legal aspects and process of preparing and filing your claim.
Insurance companies can quickly overwhelm a victim with questions and phone calls following a crash, but what you say to them can impact your case. When you hire a lawyer after a crash, you can refer all questions, calls, and requests to them.
You will no longer need to worry about who you speak to or what you might say that endangers your claim. Once you hire your attorney, they can step in and handle all communications and the process of your case on your behalf.
Will you need to file a lawsuit as a victim of texting and driving?
Lawsuits are not always necessary following a texting and driving accident. A victim can get the compensation they need for their damages through a claim against the insurance company. Reports indicate that in most personal injury cases involving tortious conduct, only about three percent of cases will end up in court and go through with a trial, with the majority of the other cases resolving through a settlement.
However, insurance claims are never guaranteed, and some obstacles may arise during settlement negotiations. If issues arise with the insurer and your attorney advises you to file a lawsuit, then going to trial and filing suit can become necessary.
How can you prove a driver was texting and caused the accident?
Proving that another driver was texting leading up to a crash can be difficult. Unless a driver openly admits to the officers at the scene and other witnesses that they engaged in this action, as the plaintiff, you must prove that they were, in fact, on the phone messaging when the accident took place.
For a victim to prove that a driver was texting is not that simple. You can’t call a phone company, ask for records, and expect them to comply. Due to privacy concerns and other legal issues, your only way to access these records is through a subpoena. Even when proving that the driver was texting, a plaintiff must show the defendant meets all elements of negligence to become eligible for compensation under the law.
Is texting considered negligence?
As a car accident texting victim, you must show through evidence that the defendant was negligent in the case to collect damages successfully through an insurance claim or in court.
Insurance companies often make their own fault determinations during the claims process, which, in turn, affects the apportionment of fault they place on a defendant and the amount of compensation they may offer in a settlement.
The elements of negligence in a texting case
To prove that the other driver’s texting and driving rise to negligence in a case, a plaintiff must go over each of the elements of negligence under the law and prove each one to recover compensation of damages from the insurance company or the at-fault party.
At our law firm, we call this a three-legged stool:
- Cause/liability: Someone did something
- Damages: They hurt you
- Insurance: Someone or something has the means to pay
What damages can you recover as a victim of a texting accident?
Once your lawyer can establish negligence on the part of the defendant in a texting and driving claim, they must then prove your damages.
A car accident lawyer will prove your losses and gather evidence that supports your damages claim. Understanding how much your losses will add up is essential before considering any insurance company offers. The uncertainty of injuries and how the injuries may inhibit or impact you in the future are relevant factors you must consider when determining the extent of your damages from the texting accident.
Damages in a texting and driving accident can include:
- Medical expenses and costs
- The loss of your income
- Pain and suffering
- Damage to your vehicle
The question should not be if you need to hire a lawyer after a texting accident but when. The benefits a Charlottesville personal injury lawyer can provide to your case are monumental and can make a huge difference in whether your insurance claim gets approved or denied. Call 866-388-1307 today for a free consultation.
