Texting and driving is, unfortunately, one of the most common forms of distracted driving that prevails across the United States. Every day, drivers knowingly break the law by taking out their cell phone and scrolling through social media, texting, or emailing when their eyes should be on the road. According to the National Safety Council, this habit is the cause of 1.6 million automobile crashes every single year. Although almost every state in the nation has a law against this type of distracted driving, approximately 390,000 injuries are caused by this negligence, annually. If you have been the victim of a car accident caused by this careless habit, Dallas texting and driving accident attorneys will work with you to file a claim and make sure you receive the maximum compensation that you deserve.
Types of Claims You Can File as the Victim of a Texting and Driving Accident
One of the most challenging factors to overcome in the claims filing process is proving the negligence of the driver that caused the collision. You must prove that:
- The driver had a duty of care to you and other motorists on the road.
- The driver legally broke that duty of care in the form of distracted driving and neglecting to follow the law.
- The driver’s negligence of their duty of care and the law was the cause of your injuries and damages.
Although these things are slightly more challenging to prove in a texting and driving case, you have a bit more of an upper hand in such instances because you have the law on your side. Not only in this instance is the driver engaging in a behavior that is endangering others, but they are knowingly breaking the law at the same time. Even without any injuries or damages, this alone could result in serious legal and financial consequences for the negligent party.
When you are ready to pursue legal action, however, you must be sure of the types of claim you will be making. This decision depends on the kinds of damages you incurred in the crash. For example, if you were storing personal belongings in the vehicle and one or more of them was broken, you would likely be pursuing a property damages claim.
On the other hand, if you were physically injured or are suffering emotionally and psychologically as a direct result of this incident, it is best that you file for a personal injury or pain and suffering case. No matter which route you choose, your best chance at receiving compensation for your accumulated costs is to hire a car accident lawyer.
Hiring a Lawyer to File a Claim
As mentioned earlier, texting and driving is one of the trickier types of car accidents for which the victim must prove negligence. Drivers tend to try and be as sneaky as possible when texting behind the wheel, so it may be difficult to use dashcam footage and similar techniques to catch them in the act.
With a lawyer on your side, however, you will have the legal authority to request phone records and other hard documentation to prove their negligence at the time of the crash. If you are ready to file a claim, and strengthen your chances of getting the compensation you need, get in touch with a lawyer today.