Decatur Car Accidents Caused by Texting and Driving
More and more people are glued to their cellphones, and they use them to text at all times, including when they are behind the wheel. People who text while they drive are not paying enough attention to the road, and as a result, cause serious accidents.
If you were involved in a Decatur car accident caused by texting and driving, you may have suffered extensive injuries and significant financial losses. With the assistance of a dedicated attorney, a successful judgment in court help you regain some of your financial savings.
Why is Texting Considered Distracted Driving?
Distracted driving is operating a motor vehicle while simultaneously doing something else. Generally, the few types of distractions that can impact a motorist’s abilities to drive are:
- Visual or something that would make a driver look away from the road
- Manual or something that would make a driver take their hands off of the steering wheel
- Cognitive or something that would make a driver focus on something other than their driving
Texting while driving is particularly dangerous because it involves simultaneous visual, manual, and cognitive distractions.
Proving Liability in a Texting and Driving Accident Case
To recover damages, a claimant must prove that the at-fault driver was negligent. This means that a claimant must demonstrate that there was a duty of care, a breach of that duty and that the violation of that duty caused damages to the claimant.
State law prohibits texting while driving. If a claimant can prove that an at-fault driver has broken the law by texting, they can establish that the defendant violated the standard of care that all motorists must use while on the road.
However, it is not always easy to prove that an at-fault driver was texting and driving. Fortunately, a local attorney could help by examining all of the evidence. An attorney could interview eyewitnesses to see if they observed the at-fault driver texting, or if they noticed that this person was looking down at the time of the accident, which could indicate that they were on their cellphone.
If there are no eyewitnesses to the accident, an attorney will need to follow the proper procedural channels to obtain the defendant’s cellphone records and compare the record of their text messages to the time of the accident. Once a Decatur attorney shows that the defendant was texting and driving at the time of the car accident, they must demonstrate that this behavior is what led to the crash and how the claimant suffered losses as a result.
Recoverable Damages in a Decatur Car Wreck Case
Following a motor vehicle accident, a claimant may be able to pursue damages for all of the actual expenses that they have incurred or expect to incur. These may include medical and rehabilitation expenses, as well as lost income and potential earnings.
State law also awards pain and suffering damages, and sometimes allows recovery of punitive damages under certain, limited circumstances. A lawyer from Decatur could help someone determine the value of their claim if they were in a car wreck caused by a driver who was texting.
Contact an Attorney to Learn More About Car Crashes Resulting from Texting and Driving in Decatur
If a car crash has left you seriously injured and the at-fault driver was distracted by their cellphone, you may be entitled to compensation. A lawyer could help you file a claim for damages if you were in a Decatur car accident caused by texting and driving. Call a local attorney today to get started on your path to financial recovery.