What to Do When Texting & Driving Causes an Accident
Posted on Mar 10, 2015 5:00pm PDT
While growing technology has provided society many benefits, it has also brought many downsides. One of the most notorious dangers of technology is the use of cellphones when behind the wheel of the car. Since development over the years, incidents of texting and talking on the phone while driving have increased so much that a majority of states have put new laws in place to protect drivers on the road from this distraction.
As of now, 44 states have banned texting and driving for those of all ages, with 4 restricting texting and driving for younger drivers. Taking it even further, 14 states prohibit the use of any hand-hell device will driving, which means even talking on the phone or using a device for GPS can be considered a traffic violation. Why were these extreme measures taken? Some studies have reported that more than 50% of all drivers admit to texting and driving at some point in their life. This has led to a spike in car accidents and related injuries and deaths.
What happens if I am hit by a distracted driver?
When a driver gets behind the wheel, they have a reasonable duty of care to protect other drivers around them. This means that they should not engage in any blatantly dangerous behavior. Texting and driving is a distraction that is considered very dangerous and can result in liability for the guilty driver. If you are hit by a driver who was texting, you may be able to secure compensation due to their negligence.
You should make sure to do the following right after the accident:
- Pull over and check on all parties to ensure safety
- Exchange information with the other driver
- Talk to witnesses who may have seen the accident and texting
- Take pictures of the scene of the accident
- Report your suspicion of the texting violation to an officer and your lawyer
- Get a copy of the police report and see if traffic cameras are around
The sooner you begin to build a case against the negligent driver, the better. When you meet with your car accident attorney, you should make sure to share with them that you suspected the driver was texting when the accident occurred. If you have a chance to report this to police, make sure you do so in a reasonable manner. Above all else, make sure you remain calm after an accident and communicate carefully with the other driver. You need to make sure you don't give them any indication that you may have been partially at fault by apologizing or sharing too much information with them. Even when you have a great case against them, an opposing party may try to shift the blame onto you.
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