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Cell phones are a necessity today, and many people cannot resist using them while driving. However, texting while behind the wheel is considered distracted driving, which significantly increases the risk of a collision. The Virginia Tech Transportation Institute reports that people who text behind the wheel are 23.2 times more likely to be involved in a crash or near-crash.
When you are involved in a road wreck because another driver was on their cell phone, our lawyers could fight for fair compensation on your behalf. Texting while driving car accidents in Lawrence can cause catastrophic injuries, and you need an advocate who will take your case to court if an insurance settlement offer is insufficient. Call McCready Law today to speak to a dedicated auto crash attorney.
Distracted driving is visual when drivers take their eyes off the road, mental when their brains are not concentrating on driving safely, and manual when their hands are off the steering wheel. Unsurprisingly, texting while driving involves all three distractions, making it a hazardous pursuit.
Indiana motorists 21 and older are prohibited from emailing or texting while driving, although they can use a hands-free or voice-operated system. However, drivers younger than 21 cannot email or text, even with hands-free or voice technology.
Motorists charged with texting while driving can face hefty fines. Drivers are also penalized with four points on their licenses unless they complete a state-authorized safety course. These penalties are mild compared to what it costs to compensate an injured motorist, pedestrian, or bicyclist for the harm they endure.
Texting lawsuits are predicated on negligence because purposely participating in a dangerous action falls below the standard all drivers must adhere to. If a motorist causes a car collision in Lawrence because they were texting, a personal injury attorney could negotiate with insurers or file a lawsuit to compensate the injured party for their losses.
Indiana law requires motorists to carry a minimum amount of liability insurance. Severe injuries are worth far more, and the at-fault driver will be responsible if they only carry the minimum and it is insufficient.
Insurers hope injured parties are desperate enough to accept lowball settlement offers. A lawyer with honed negotiating and investigative skills knows insurers do not want to go to court and will not let clients settle for less than a claim is worth.
If an injured party’s attorney files a negligence lawsuit, the jury can award economic and non-economic damages. Economic damages are losses the plaintiff can calculate, such as medical expenses and lost wages while recuperating.
Non-economic damages place a monetary value on elusive losses, such as pain, disfigurement, loss of consortium, and emotional trauma. Each of these can be sought after in the event of a texting while driving car wreck in Lawrence.
Plaintiffs have a limited time to file personal injury lawsuits, and if they miss the deadline, their claim will most likely be barred. The statute of limitations for injury lawsuits in Lawrence involving texting and driving is two years from the date of the wreck.
When motorists text while driving, their attention is focused on the messages they send and receive, not on the road. This dangerous behavior can result in a horrific collision for which the injured party deserves compensation.
Inattentive drivers should be held responsible for the damages they cause to others. Contact McCready Law today to learn how we could assist you in getting compensation after a texting while driving car accident in Lawrence.