What Are My Rights if My Accident Was Caused by Someone Who Was Texting and Driving?

Texting and driving is among the most common, yet deadliest driving habits that persist across the nation. Though it may seem that short text messages here and there are inconsequential, a collision can happen in only a few seconds. People’s lives have been dramatically changed as a result of the negligence of those who text while driving in the form of permanent injuries, wrongful death, or chronic psychological damage. The highly experienced texting and driving lawyers at Reyes Law have provided important information regarding the very real and present dangers of text while driving. If you have been the victim of a car accident caused by this type of dangerous distraction, you are entitled to compensation for any injuries or property damages you incurred.

Your Rights After a Texting and Driving Accident

As in any car accident, you have the right to pursue compensation after you are injured or experience property damage or losses as a result of another driver texting while behind the wheel. While there are differences in legislation between states, every state explicitly prohibits texting while driving to some extent. Based on this alone, the driver responsible for the accident will be found guilty of negligence that played a direct role in the damages you incurred. They will be held accountable for compensating any consequential medical expenses, lost wages, repair and replacement costs, and other costs you may accumulate as a result of the collision.

To receive said compensation, however, you will be given the burden of proving the driver’s negligence. This may be difficult, but can be made easier once you exercise your right to legal representation. A personal injury lawyer will assist you in proving the other party’s negligence by collecting evidence such as phone records and video from traffic cameras, for example. Such evidence would be quite difficult to procure on your own. If you were unable to gather it, your case would be significantly weakened, and you may face significant challenges in funding your recovery and the necessary repairs.

With this in mind, it is imperative that you also exercise your right to file a police report documenting the incident. This report will provide concrete evidence of all parties involved in the event and the details concerning where, when, and how it happened. If your lawyer faces obstacles in gathering all necessary documentation in the process of building your case, the police can assist them by obtaining further evidence and providing a copy of the original report.

What Can Be Compensated in a Texting and Driving Car Accident

Car accidents that are caused by someone texting and driving are similar to most other kinds of negligence cases. The following elements and conditions are eligible for compensation following legal action:

  • Bodily injury
  • Property damage (this includes both the property stored inside the vehicle, along with the car itself)
  • Vehicle repairs
  • Lost wages
  • Lost or decreased earning capacity (you may be unable to work in the same capacity as before the incident due to extensive injuries)
  • Pain and suffering

If you have experienced any of the above, you have the right to open a case against the negligent party. Get in touch with an experienced lawyer today to hold the appropriate parties responsible and get on the road to recovery as soon as possible.

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