Being involved in a car accident can be stressful, painful, and life-changing. In this day and age, one of the most prominent causes of accidents is distracted driving, often as a result of texting or checking social media. If you believe that the at-fault driver in your accident was texting at the time of the crash, it is important that you understand your rights as well as how it can impact liability. To secure skilled legal advice and representation during your case, reach out to an experienced Middlesex County auto accident attorney today.
Why is Texting While Driving Dangerous?
Texting while driving is one of the most dangerous types of distracted driving. It requires drivers to take their eyes off the road for several seconds at a time to read and respond to a message. According to the National Highway Traffic Safety Administration (NHTSA), sending or reading a text for 5 seconds while driving at 55 miles per hour is akin to driving the entire length of a football field with your eyes closed.
In 2023 alone, over 3,200 people were killed in auto accidents involving distracted drivers. It is crucial to understand your legal rights and options after being involved in a collision caused by the other driver’s negligence and distracted driving.
What if the At-Fault Driver in My Accident Was Texting?
If the at-fault driver in your accident was texting at the time of the collision, you may be able to establish negligence per se. Negligence per se is a legal concept that applies when an individual violates a law that is designed to protect a group of people. For example, laws banning texting while driving were created to prevent accidents and protect drivers, passengers, pedestrians, and other road users. By proving that the at-fault driver was texting while driving, you can establish that they violated the law and are therefore negligent and liable for the accident.
If the driver was texting, it can also impact the damages you are entitled to. Texting while driving can be considered reckless behavior, which can influence the compensation you are awarded and even result in punitive damages.
How Can I Prove the Other Driver Was Texting?
While the at-fault driver texting while driving can significantly impact your personal injury case, it is important to understand that, as the plaintiff, you bear the burden of proving that they were negligent.
With the help of your attorney, you can collect evidence demonstrating that the driver was on their phone and distracted at the time of the accident. Examples of relevant evidence can include cell phone records, witness testimony, the police report, traffic cameras, and surveillance footage. It is crucial that you prioritize documentation after your accident to ensure that you can prove the other driver was texting and secure compensation for your damages.
For more information and legal advice, contact an experienced personal injury attorney today.
