Mobile phones and driving do not go together well. Even a brief glance at a phone can take a driver’s attention off the road long enough to cause a serious collision. Texting while driving compounds distraction and can easily lead to accidents. If you were injured because someone was texting while driving, our Summerlin car accident lawyer may be able to help you recover compensation.
At H&P Law, you’ll benefit from a legal team with over 60 years of combined experience, and you’ll soon see why we’re known for our service excellence. Call our Summerlin texting while driving accident lawyer to get a free case evaluation today.
Compensation for the Consequences of a Texting While Driving Accident
Texting while driving is recognized as one of the top causes of distracted driving accidents. Distracted drivers are prone to accidents. For instance, their reactions may be slow, or they might fail to comply with the rules of the road. If they cause an accident, they may be held liable for damages. The value of damages is based on components like:
- Damaged property
- Medical costs
- Lost wages
- Disability or disfigurement
- Pain and suffering
- Loss of amenities
It may not be necessary to prove that the person who caused your accident was using a mobile phone at the time. However, if there is evidence that they were doing so, it may strengthen your case, especially in disputes over liability.
Negligence and Texting While Driving
Negligence is a key component in most accidents. It means that a person who should have been exercising a reasonable amount of care failed to do so. Here’s how texting while driving might contribute to a finding in your favor by fulfilling the four elements you’d need to prove in order to show that a person who was texting while driving caused an accident:
- Duty of care: Drivers have a duty to keep others safe by remaining alert while they are driving.
- Breach: Texting while driving shows that a person is not fully alert and has breached their duty of care.
- Causation: Because they were distracted, the person using their phone caused an accident. For example, they rear-ended another vehicle or failed to see a pedestrian.
- Damages: The accident caused injury (damage) to others.
An injured person must establish each of these elements to recover compensation. Although they might sound very straightforward, each point can be argued. For example, a defendant may claim that although they were texting, they didn’t cause the accident. Our Summerlin personal injury lawyer can prepare for challenges like this.
The Many Forms of Distraction That Make Texting While Driving So Dangerous
The National Highway Traffic Safety Administration (NHTSA) recognizes texting while driving as one of the most dangerous forms of distracted driving. Although other distractions are also dangerous, texting while driving has several unique features:
- Eyes off the road: One cannot text without glancing at one’s phone. If you’re driving, glancing away for a second can be enough to keep you from reacting to hazards.
- Hands off the wheel: A person who is texting while driving has at least one hand off the wheel. In situations in which they must steer with precision, they may fail to do so.
- Mind distracted from driving: While texting, you are focused on composing the message rather than the road. Your mind is not fully on your driving.
- Repeated distraction: A person might not stop at sending a single text message. They may be looking out for a response or are conducting a text conversation. With repeated distractions, the loss of focus may be prolonged.
Finally, some people may wonder whether sending voice messages or voice-to-text is any safer than texting and driving. Although they may reduce manual distraction, they can still create cognitive distraction and do not eliminate risk. If people wish to use their phones, it is best to pull over to a safe place and resume driving only when they are finished.
Examples of the Types of Accidents That Can Happen Due to Texting While Driving
Texting while driving can cause almost any type of car accident. Our Summerlin texting while driving accident attorney has handled many cases involving these types of collisions. Nevertheless, H&P Law can provide examples of the types of accidents this form of distraction may cause:
- Rear-ending: A driver would ordinarily respond as soon as they see a car ahead of them slowing or braking sharply. Glancing away from the road reduces the time available to react and may lead to rear-end accidents.
- Sideswiping or head-on collisions: Whether it’s from trying to handle a tight corner with only one hand on the wheel, or unconsciously drifting out of the correct lane, a driver who is texting may sideswipe another vehicle, or collide with oncoming traffic.
- Accidents at intersections: Intersections are places where pedestrians may be crossing, signals are changing, or other vehicles are turning. Drivers should approach them with full situational awareness. Texting hampers both awareness and the ability to react to changing circumstances.
If you’ve been injured in an accident like this, it’s understandable that you may feel deeply angered because the other driver took an avoidable risk.
However, a personal injury lawsuit can hold them accountable. If it succeeds, you may recover a settlement that helps you rebuild your life. Our texting while driving accident attorney in Summerlin is courtroom-proven, and may be able to help.
Claim Your Free Case Evaluation With a Summerlin Texting While Driving Accident Lawyer
If you’ve been injured because someone else was texting instead of concentrating on their driving, we understand your shock and confusion. The situation is especially traumatic if you or someone close to you was badly injured. A Summerlin texting while driving accident lawyer from H&P Law may be able to build a strong case in your favor.
You cannot know what your options are until you explore them, and we will be happy to offer our advice at no cost to you. If we believe that we can help you achieve a fair settlement or verdict, we may accept your case on a contingency basis. You only pay us if we win. Reach out today.
