Imagine that you are driving at 55 miles per hour, texting and then driving may appear to be a five-second chore, but in those five seconds, you will have traveled the length of a football field. Now you would have understood how dangerous it is to text and drive. There are three types of distractions occurring in texting and driving accidents. They are visual distraction, manual distraction, and cognitive distraction. In a nutshell, texting and driving distract your eyes, hands, and your mind.
According to a survey released by the US Department of Transportation, drivers between the ages of 20 and 29 are the most likely to text while driving. The alarming statistic is that 11 teen deaths occur every day due to texting and driving, compared to eight teen deaths per day as a result of DUI-related crashes.
You have the legal right to sue someone who is texting while driving and causing you injuries. In a negligence claim or texting and driving case, the law assists texting and driving accident victims to recover damages. The victim should take the help of a personal injury attorney specializing in motor vehicle accidents like distracted driving, aggravated DUI, rear-end collisions, T-bone accidents, pedestrian accidents, truck accidents, etc.
The attorney would evaluate and identify the possibilities of filing a personal injury lawsuit. Once the claim is strong enough, the attorney would thoroughly analyze the damages you have sustained due to the defendant's negligent driving and prepare a demand letter. The letter would reflect the compensation amount you demand and it is sent to the defendant parties, including the insurance carrier.
If the defendant agrees to pay the victim a deserving settlement, the case will be settled outside the court. If the victim is not offered a fair payout, the case will move towards trial. Like any other personal injury claim, medical expenses, rehabilitation costs, loss of income, loss of wages, emotional distress, disability, etc. are some of the damages covered in a text-and-drive lawsuit.
It's possible that the defendant will argue that texting while driving had nothing to do with the accident. The claimant must show that the defendant was sending or receiving a text message at the moment of the collision or close to it. To substantiate the claim, the defendant's cell phone data might be acquired to establish that texting was a factor in the accident. When a driver was texting and causing an accident, traffic cameras may have captured the moment.
Although several states have passed anti-texting legislation prohibiting drivers from texting while driving, the number of automobile accidents caused by distracted drivers has not dropped. Simply put, these laws have not proven to be as helpful in stopping this behavior as planned.