Distracted driving is a serious issue throughout the United States. Each year, thousands of people suffer serious injuries or die in car accidents that distracted drivers cause.
Texting is one of the main sources of distraction among drivers. What can you do if you get into an accident with a texting driver to ensure you get the compensation and justice you deserve?
If a texting driver caused a vehicle crash that injured you or killed a close family member, contact an experienced car accident attorney near you for advice regarding your rights and guidance during the claims process.
Distracted Driving Statistics
The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving killed 3,142 people in a recent year nationwide. Although many states have banned texting while driving and imposed legal consequences on those who text while driving, the issue remains a major concern.
Why Is Texting While Driving so Dangerous?
Texting while driving is extremely dangerous for several reasons:
- Visual Distraction: Texting takes your eyes off the road, diverting your attention away from potential hazards and obstacles. Even a few seconds of distraction can significantly increase the risk of an accident. In fact, taking your eyes off the road for only five seconds, or long enough to read a text, is equivalent to driving the length of a football field with your eyes closed.
- Manual Distraction: Texting requires you to take your hands off the steering wheel, reducing your ability to control the vehicle effectively. This can delay your reaction time and impair your ability to maneuver in emergencies.
- Cognitive Distraction: Texting while driving also distracts you mentally, as you're focused on composing or reading a message rather than on driving. This cognitive distraction can impair your decision-making skills and awareness of your surroundings.
- Decreased Reaction Time: When you're distracted by texting, your reaction time to unexpected events, such as sudden stops or swerving vehicles, is significantly slower. This delay can prevent you from taking evasive action to avoid a collision.
- Risk of Accidents: The combination of visual, manual, and cognitive distractions significantly increases the risk of accidents. Texting while driving has been shown to be as dangerous as driving under the influence of alcohol or drugs.
- Inattention Blindness: Texting can lead to a phenomenon known as inattention blindness, where you fail to notice critical objects or events in your peripheral vision because your attention is focused elsewhere. This can cause you to miss important cues on the road.
- Increased Crash Risk: Studies have shown that texting while driving increases the likelihood of a crash or near-crash event. The National Highway Traffic Safety Administration (NHTSA) reports that texting while driving is six times more likely to cause an accident than driving while intoxicated.
- Legal Consequences: Many jurisdictions have laws prohibiting texting while driving due to its dangers. Violating these laws can result in fines, license suspension, and other legal penalties.
Given the severe risks associated with texting while driving, drivers must prioritize safety and avoid engaging in this dangerous behavior. If a driver needs to send or read a text message, they should pull over to a safe location or wait until they reach their destination to avoid endangering themselves and others on the road.
What Kinds of Car Accidents Does Texting Cause?
Texting while driving can contribute to many car accidents due to the distraction it causes.
Some common types of accidents associated with texting include:
- Rear-End Collisions: Among the most common accidents due to texting drivers are rear-end collisions. Texting drivers may not notice that the vehicle in front has stopped or slowed down. The delayed reaction time caused by texting increases the risk of such accidents.
- Distracted Lane Departure: Texting can lead to drifting into another lane or onto the shoulder without the driver realizing it. This can result in collisions with other vehicles or objects.
- Intersection Accidents: Texting drivers may fail to notice traffic signals or signs, leading to accidents at intersections. This can include running red lights or stop signs, resulting in broadside or T-bone collisions.
- Side-Swipe Collisions: Texting drivers may inadvertently drift into adjacent lanes, causing side-swipe collisions with vehicles traveling in those lanes.
- Failure to Yield: Texting can impair a driver's ability to recognize right-of-way situations, leading to failures to yield and resulting in collisions.
- Pedestrian Accidents and Bicycle Accidents: Texting drivers may be less likely to notice pedestrians or cyclists, increasing the risk of accidents involving vulnerable road users.
- Multiple Vehicle Pileups: In situations where one driver is texting and causes a collision, other drivers may become involved in a chain reaction of accidents, leading to multiple-vehicle pileups.
- Loss of Control: The distraction of texting can lead to a loss of control over the vehicle. This loss of control may result in single-vehicle accidents, such as running off the road or hitting stationary objects.
- Reckless Driving Incidents: Texting while driving is considered reckless behavior. It can contribute to a range of dangerous driving incidents, including speeding, aggressive driving, and erratic maneuvers.
- Fatal Accidents: Texting-related accidents can have severe consequences, including fatal outcomes. The distraction introduced by texting significantly increases the likelihood of serious injuries or fatalities in car accidents.
Texting while driving is a preventable behavior. You can hold a texting driver accountable for the accident and liable for your injuries and losses if they cause a crash that injured you with the help of an attorney.
How Can I Prove the Other Driver was Texting?
A lawyer can prove that the other driver was texting at the time of an accident.
Here are some steps you can take to gather evidence and help your lawyer build a case:
- Call the Police: If you're in an accident, call the police to the scene. Law enforcement officers can investigate, document the details, and include their findings in the official police report.
- Document the Scene: Take photographs or videos of the accident scene, including the positions of the vehicles, any damage, and relevant road signs or signals. Documenting the scene can provide contextual information.
- Observe the Other Driver's Behavior: While at the scene, observe the other driver's behavior. Look for signs of distraction, such as fidgeting with a phone, appearing disoriented, or admitting to texting.
- Collect Witness Statements: If witnesses saw the accident, ask them if they noticed the other driver texting. Collect their statements, including their contact information, as their accounts can be valuable evidence.
- Check Social Media Posts: Some drivers may post updates or pictures on social media shortly before or after an accident. While not conclusive evidence, it could establish a timeline and show the driver's behavior around the time of the incident.
Contact an Attorney
If you have questions or concerns about proving the other driver was texting, consult a personal injury attorney. They can guide you on the best course of action and help gather evidence to support your claim.
They have the resources to collect important documentation and evidence, such as:
- Subpoena Phone Records: If you have strong reason to believe the other driver was texting, your attorney may seek a subpoena for their phone records. These records can show if the driver was actively using their phone at the time of the accident.
- Check for Surveillance Cameras: If the accident occurred in an area with surveillance cameras, check for footage that might capture the events leading up to the collision. Businesses, traffic cameras, or nearby residences may have relevant footage, and your attorney will know how to obtain this footage.
- Use Texting Detection Apps: Some specialized apps and services can detect whether a phone was in use during a specific time frame. While not foolproof, such data can be used to support your claim. Your lawyer can help you determine whether this is an option and assist in the process.
- Seek Expert Testimony: Accident reconstruction experts or forensic analysts may be able to provide expert testimony to support your claim. They can analyze the evidence and provide an opinion on whether texting likely played a role in the accident. Your attorney will have access to these resources.
Your lawyer can also use the police report as evidence if the other driver received a citation for texting while driving. That’s why it’s so important to have police respond to the scene, no matter how serious the collision.
Keep in mind that you may not have to prove the other driver was texting at all. If a driver rear-ends you or runs a stop light and collides with you, for instance, those acts alone likely qualify as negligence regardless of how they occurred. However, being able to prove texting will certainly help your case and may improve its outcome.
How Can I Recover Damages from the At-Fault Driver?
To obtain financial compensation from a texting driver who caused the accident, you typically have two options:
- File a claim with their (and your) auto insurance company.
- Take them to court and sue for damages.
Your first step is to receive treatment for any injuries. This is important not only to ensure your health and safety but to create documentation that you sustained injuries and received treatment. You should get a medical evaluation promptly no matter how serious your injuries appear.
Next, you need to contact a car accident lawyer in your area. They will know local laws, as well as state laws, and can review your case at no cost.
The first step your lawyer will likely take is to file an insurance claim with the other driver’s insurance company. They can also help you file a claim with your own insurer if personal injury protection (PIP) coverage applies—or if you need to file for uninsured/underinsured motorist coverage.
Your attorney can help you gather all evidence to support your claim and file it under any deadlines. When they file your injury claim, they will include a calculation of both the economic and non-economic damages you suffered. The insurance company will probably respond with a settlement offer that doesn’t fully cover your damages. If so, your attorney can negotiate to reach a fair settlement. If the insurance company won’t negotiate a fair settlement, your attorney can file a personal injury lawsuit for you and represent you in court.
At trial, a judge or jury will hear both sides, examine all evidence, and determine liability. If they side with you, the court will award you damages.
What Kinds of Compensation Can I Get?
The types of compensation you may receive after an accident can vary depending on several factors, but common types of compensation available in a car accident injury claim include:
- Medical expenses, including future medical expenses
- Lost wages, including past and future lost earnings
- Property damage
- Pain and suffering
- Emotional distress
- Loss of consortium
- Disability or disfigurement
- Loss of enjoyment of Life
- Wrongful death damages
In cases of extreme negligence or intentional harm, the court may award punitive damages to punish the responsible party and deter similar behavior. These aren’t available in every case, and some states have strict limits on them.
Additionally, you may also recover legal fees and costs. The availability and limits of compensation can vary significantly based on factors such as insurance coverage, the severity of injuries, and local laws.
To navigate the complexities of personal injury claims and understand the specific compensation you deserve, contact a personal injury attorney.
The Benefits of Having an Attorney for Your Car Accident Injury Claim
A personal injury lawyer can help immediately with evaluating your claim and assessing whether it’s viable. They can also help you gather evidence to support it and represent you throughout the process. They can deal with the insurance company for you and negotiate to get maximum compensation on your behalf.
If you cannot negotiate a fair settlement with the insurer, your attorney can fight for you in court.
However, a good personal injury lawyer can do more than that. Dealing with the aftermath of a car accident can be emotionally challenging. A lawyer can provide support, answer your questions, and help alleviate some of the stress associated with the legal process.
Your attorney can serve as a trusted and compassionate advocate who listens to your story and wants to help you get justice. With a lawyer’s assistance, you can navigate the complexities of an accident a texting driver caused with confidence and less stress and increase your chances of getting a higher financial recovery.
The Austin personal injury lawyers at DJC Law have decades of experience helping those who suffered injuries or lost a loved one in a car accident in Texas or Illinois. Contact us today for a free consultation if a texting driver caused an accident that hurt you or a beloved family member.