Texting drivers are distracted behind the wheel and can cause devastating accidents. Even a quick glance down at your phone when driving can change the course of someone’s life forever. Texting drivers must be held accountable for the damage that they cause.
An accident attorney can help you get what you deserve after getting into an accident with a texting driver. Discussing your case with an attorney can help develop a plan to recover fair compensation after an accident.
Contact a Tampa distracted driving lawyer today if you or a loved one has suffered an injury or was killed in an accident with a texting driver. Do not hesitate. You deserve to be compensated for all of your losses.
What Is Distracted Driving?
Distracted driving is the dangerous practice of taking your eyes off the road, even for a moment. Anytime a driver tries to multitask behind the wheel, they are distracted. Distracted driving causes thousands of accidents nationwide every year.
Distracted driving takes many forms, namely visual, cognitive, and manual. Texting while driving is an example of each of these types of distractions.
- Visual
Visual distractions happen any time that a driver takes their eyes off of the road.
- Manual
Manual distractions occur when the driver takes their hands off the wheel.
- Cognitive
Cognitive distracted driving happens when the driver takes their attention off the task of driving.
Texting while driving can cause a traffic accident. According to the National Highway Traffic Safety Administration, 3,000 people die every year in a traffic crash involving a texting driver.
In 2019, the group most at risk of getting into an accident with a texting driver were young adults and teenage drivers under the age of 25. Also, in 2019, one in five of the people who lost their lives in an accident involving a texting driver were not inside a vehicle. Many accident victims were cyclists, pedestrians, or otherwise outside of a vehicle.
Common Injuries In Texting And Driving Accidents
Getting into an accident with a texting driver can lead to different types of injuries. Some common injuries include:
Psychological Trauma
Any traffic accident can lead to severe mental and emotional trauma. While it can be hard to prove how the crash impacted your mental health, you still deserve to receive compensation. An attorney can help you get the compensation you deserve, including for psychological trauma.
Internal Injuries
An accident can easily cause internal bleeding and damage to your internal organs. The risk of internal injuries makes it even more vital that you see a doctor right after the crash.
Lacerations and Abrasions
Scrapes and cuts might be minor injuries after an accident with a texting driver, but they are still compensable. Please do not make the mistake of downplaying lacerations and abrasions because they seem minor.
Back Injuries
An injury to your back can affect your entire life. Your back and spinal cord are essential for locomotion. A back injury might take a very long time to heal. You deserve to be compensated for the expensive treatment, the time off work, and the other fallout from the back injury.
Soft Tissue Injuries
Soft tissue injuries include damage to the victim’s muscles, ligaments, and tendons. Soft tissue injuries can cause long-term damage that the victim must suffer through. Soft tissue injuries can be hard to prove. Your attorney will help collect evidence to prove your injuries.
Fractures
Fractures are broken bones. Depending on the severity of the break or the bone that was broken, recovery time can take weeks or months. The fracture might require expensive treatment to repair and a lot of time off work. You deserve compensation for your loss.
Concussions
A concussion can happen when the accident is so severe that it causes the driver or passenger’s head to connect to some part of the car. Concussions are severe head injuries and should be treated immediately after an accident.
Whiplash
Whiplash is probably one of the most common injuries that drivers and passengers face after an accident. Whiplash is a neck injury that might affect the victim’s range of motion.
Your injuries can vary in severity depending on the specifics of the accident. No matter the extent of your losses, you deserve compensation. Contact a lawyer to learn more about your options after a crash.
Factors That Contribute To The Severity of An Accident
Of course, some accidents are more severe than others. Factors that contribute to the severity of the accident can include:
Distraction Level
The degree to which the driver is preoccupied with texting can affect the accident’s severity. The more distracted the driver is, the lower their reaction times and the less crisp their decision-making skills.
Impact Angle
The angle of the impact might affect the severity of your injuries and the overall seriousness of the accident. Side impacts often are more severe than other types of accidents.
Speed
If a driver is speeding while texting, then they are more likely to cause a severe accident. The likelihood of serious injuries increases exponentially.
Seat Belt Use
Whether or not the driver or passengers are wearing seat belts can greatly impact the severity of injuries sustained.
Traffic Conditions
Traffic congestion can impact the seriousness of a traffic accident. The more cars on the road, the greater the risk a texting driver has. Distracted driving in high-traffic areas can lead to multi-vehicle collisions.
Inexperience
Inexperienced drivers might struggle more with multitasking, increasing the likelihood of an accident.
Time of Day
Distracted driving is more dangerous at night. The lack of visibility plus distracted driving can be a deadly combination.
Vehicle Type
The types of vehicles involved in the accident might have a major effect on the severity of the accident and your injuries. Larger vehicles might cause more damage.
Road Conditions
A poorly maintained road might be the cause of your accident. Poorly maintained roads might cause hazardous road conditions, which can increase the accident’s severity.
Other Distractions
There might be other distractions in the vehicle, like loud music or passengers, that can further compromise the driver’s actions.
The above factors can interact in complex ways that often can increase the risks associated with texting while driving.
What Should I Do After An Accident With a Texting Driver?
The steps you take after a traffic accident are important to the success of your claim. You need to be careful about what you decide to do after an accident to ensure you recover the fair compensation that you deserve after getting into an accident with a texting driver.
Consider doing the following after getting into an accident with a texting driver:
Gather Information
Try to collect as much information as possible after a crash. Share the details with an accident attorney. After hiring an accident lawyer, you can discuss the proof of your claim. Share any photos of damage, the time of the accident, the location, and weather conditions with your attorney. Any detail, even if you think it is too small to discuss, can make all the difference to the success of your case.
Work with your lawyer to help get any eyewitness accounts of the accident. Your accident lawyer can help you interview eyewitnesses of the accident. These witnesses might have important details for you.
Get Medical Assistance And Keep Updated Records
Get medical assistance immediately after a traffic accident. Seeing a doctor is vital to both your health and your legal claim. Even if you do not believe your injury is bad, it is important to see a physician. Some injuries cannot be discovered without a proper medical examination.
Seeing a doctor is also important to your accident claim. Insurance companies pouch for accident victims who do not see a doctor. Insurance adjusters are looking for any reason to avoid making the payment you deserve. Avoiding doctor visits or failing to complete a treatment plan can give the insurance company exactly what they need to deny your claim.
Notify The Insurance Company
Your insurance policy might require you to report an accident immediately after it happens. To comply with your policy, contact your insurance company to report the accident and provide them with all relevant information.
Seek Legal Advice
Always seek legal advice after an accident. Consult a lawyer, especially if there are injuries or disputes about who is at fault.
Make sure to take care of yourself after an accident. The steps listed above can help do just that. Do not hesitate to get the support you need after getting injured in an accident with a texting driver.
How Can a Lawyer Help Me After Getting Into An Accident With a Texting Driver?
You deserve legal protection and support after a traffic accident. An experienced personal injury lawyer can help in various ways, including the following:
Help Maximize Your Compensation
An attorney can help maximize your compensation after an accident. Some accident victims tend to downplay their injuries to avoid feeling like a burden to their loved ones. That is a mistake. You should openly discuss your losses to ensure you do not leave any money on the table during settlement negotiations.
Help Gather Evidence
Some types of evidence are more challenging to collect than others. Having an attorney work with you to collect evidence after an accident can increase your odds of collecting compensation.
Determining Liability
Determining liability is one of the most critical parts of a traffic accident case. The liable party or parties share responsibility for compensating you after an accident. Finding everyone potentially responsible for the accident increases your odds of accessing fair compensation.
Negotiate With Insurance Companies
An attorney will help you get what you deserve after a traffic accident. Negotiating with an insurance company can be overwhelming for an individual. Working with an attorney will help avoid bad faith tactics commonly used by insurance companies.
Filing Insurance Claims
It is important to correctly file an insurance claim after a traffic accident. Insurance companies are not working in your best interests. You need a lawyer to decrease your odds of being taken advantage of by insurance companies. Everything starts with filing the insurance claim. Speak to an attorney before making a claim.
Litigation
If your case does not settle with the insurance company, your attorney might file a lawsuit for you. Many civil lawsuits are resolved at trial and through litigation. Especially if this is your first time tackling an injury case, you will need an attorney to help.
Offer You Legal Advice
Your attorney can help win your case by offering you solid legal advice. It can be hard to know what the best next step is for you after a traffic accident. Having an attorney there to offer you legal advice will help promote peace of mind.
How Long Do I Have To Sue After An Accident With a Texting Driver?
Time is of the essence after an accident with a texting driver. The time that you have to bring a lawsuit against a texting driver or other party depends on state law. The deadline for filing an insurance claim or a lawsuit is called the statute of limitations. Failure to meet the deadline can be fatal to your legal claim.
Hiring an attorney is the best way to ensure you do not miss the statute of limitations or other critical procedural rules.
Contact An Accident Attorney Today
You need an injury lawyer after an accident with a texting driver. An experienced attorney will help you understand your legal rights and options after a crash. There is no need to handle your claim alone. Rely on the legal knowledge that an attorney brings. Tampa Personal injury attorneys have experience dealing with cases like yours and can provide the skill you need to handle the legal process.
If you or a loved one has suffered an injury in an accident with a texting driver, contact a lawyer immediately to start down the road toward financial compensation.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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