The grounds on which you can sue someone for causing a car accident while texting aren’t definite. However, we know that this law is broken everyday. If this happens, it could mean more compensation for you. Learn More{{/message}}. Moreover, sending text messages while driving can also lead to enhanced civil liability. If you get caught texting while behind the wheel, you can be slapped with a $1,000 fine. “According to a recent AT&T survey, 97% of teens know that texting while driving is dangerous; still, 75% say that the practice is still common among their friends. When someone is texting and driving, they are using all of the 3 above components: Texting and driving involve taking your eyes of the road, taking your hand or hands off of the steering wheel and taking your mind or brain away from the performance of driving. When deaths or seriously injuries occur, a distracted driver faces at most a … 1 issue of distracted driving. Colorado: In Colorado, no one is allowed to text and drive. Your life could end because someone made an unwise decision. But, by and large, the penalties are light. The totality of what's going on while someone is behind the wheel determines whether or not they were negligent, or grossly negligent in an accident. We just bought a new vehicle not too long ago. Of course, texting and driving is the most common type of “distracted driving” and is the topic of what happens if you hit someone while texting and driving. Most of these “weavers” are texting and driving (sending text messages or reading text messages or any of a number of things drivers may do on their cell phones). It is in your best interests to contact a criminal defense lawyer who can advise you on how to proceed if you’ve been charged with a criminal offense of texting while driving. For later violations, the same adult driver can get up to 1 year in prison and a $1,000 fine or both. Learn how your comment data is processed. That failure to look out for others is a breach of the driver’s legal duty of care. In response to the increased risk of texting while driving, many states have passed legislation that … Please contact the developer of this form processor to improve this message. If they deny your allegations, the witnesses can confirm them and help pin liability on the driver. The short answer is that a conviction or guilty plea for texting while driving may be admissible as proof of liability in a subsequent personal injury lawsuit. Thus, you need all the support you can get during this time. After a car crash, it is almost obvious that someone will call the police to the crime scene. However, an experienced auto accident lawyer knows what damages you deserve and will ensure you get every last penny. Texting while driving is illegal for all drivers in the U.S, except in Missouri where the ban only applies to drivers below 21 years and Montana where the ban is still not in effect. Texting while driving puts other people in danger. Texting time: The average text message takes about 5 seconds to send. Even if you put the phone down after texting while driving, that text may still be evidence that you had been driving in a distracted state, which too often has life ending consequences. If you’ve been injured in a crash where the driver was texting and driving, you need to sue them for your injuries. You’re lucky if you leave the scene with all your bones intact. DO get out of your car and check for injuries. If the insurance approves the claim, you receive compensation for damages. Contact A Lawyer Like Doug Allen For A Free Consultation in Fort Collins Today! What should you do if you’re hit by someone who was texting and driving? Imagine, that a car could stop in front of you and you would have no real reaction time. According to the National Safety Council, texting and driving is one of the most dangerous things that a person can do while on the road. How does med pay work? Teen use: 36 states and Washington D.C. prohibit all cell phone use by novice teen drivers. I think a lot of people in Colorado are not aware of the total ban on text messaging. According to the NHTSA, distracted driving is the No. Texting & Driving Is Illegal . Think about it, what happens to a family involved in a texting and driving accident. An admission of guilt may earn the driver a reckless driving conviction. A lot can happen in that distance. In Minnesota, for example, drivers caught texting face a $50 fine and $225 for subsequent offenses. For Teens, cell phones are totally prohibited while driving. You could get into an at fault accident, lose control of your vehicle and cause serious injury … After contacting the police, it is essential to give your statement. If you’re involved in a wreck and the other party admits to texting and driving, they are essentially admitting fault. Get statements from bystanders and other eyewitnesses when the accident occurred. For example, the driver may delete phone records to destroy evidence. (, Americans send roughly 182,233,333,333 (182.2 billion) text messages every week. Even, if this means that they will have their eyes on the road. In 2018, around 400,000 people were injured in accidents caused by distracted driving. Brain component: taking your mind off of driving. If you kill someone while you were talking or texting while driving, you could be facing vehicular manslaughter charges. That is not good! This means that if you are hit by a driver who is texting while driving, and are injured, you may be able to use that driver's guilty plea to help you in a lawsuit. C. Imagine if you were in the car that was hit by the individual who was texting while driving. No hand-held cellphone use: 25 states, D.C., Puerto Rico, Guam, and the U.S. Virgin Islands prohibit all drivers from using hand-held cellphones while driving. Use police reports that support your case. Text messaging: 48 states, D.C., Puerto Rico, Guam, and the U.S. Virgin Islands prohibit text messaging for all drivers. As a driver, you were doing everything right. However, there are times when the driver may deny liability or the insurer may reject the claim. (Statistic Brain), Americans send roughly 9,372,000,000,000 (9.4 trillion) text messages every year. The penalties for texting while driving could include any of the following:. We all know that drinking and driving is dangerous, no matter how many beers you have had. The Angell Law Firm is located in Atlanta and serves the Rome, Augusta, Athens, Macon, Columbus, Savannah areas. It may sound crazy, but this statistic comes straight from the NSC. They will not only handle every aspect of the case but will also take it to trial if the driver or their insurer fails to pay up for the damages. Texting while driving may not feel like a big deal, but it is a small act that can result in some big consequences. Not to mention, if someone is killed or injured in the accident, the negligent driver can be charged with manslaughter and/or murder. The fact is, at 55 miles per hour your car will have traveled the length of a football field in the five seconds it takes you to read a text message. If you’ve been hit by someone who was texting and driving, you need to take immediate action if you want them to pay for the damages. Think about it, what happens to a family involved in a texting and driving accident. You can also get distracted when there are passengers you’re conversing and trying to make eye contact with. Drunk driving impairs a driver’s ability to make quick decisions, impairs senses and motor skills, longer braking times, inability to stay in one’s own lane, visual impairment, etc. If you have been injured in a car accident and have reason to suspect the other driver was texting while driving, call the personal injury attorneys in Atlanta at Angell Law Firm today at (770) 217-4954 to discuss your legal options. Here is more detail on Colorado’s law of cell phone use while driving: Adult drivers.Regular cell phone use for voice calls is permitted. Texting and driving is a criminal offense and most states are taking this seriously. If the driver is found guilty, this could increase the value for your case. If you can do so safely, put your emergency blinkers on and investigate the accident. The server responded with {{status_text}} (code {{status_code}}). An attorney can offer all the support you need as you recover from the injuries. In Minnesota, for example, drivers caught texting face a $50 fine and $225 for subsequent offenses. Know What to Do in a Texting and Driving Accident. Grooming (e.g., brushing your hair, applying makeup, etc. Learn more. Texting and Driving Laws Help Determine Car Accident Fault. If you hit someone while texting and driving, then your actions will be analyzed from a negligence perspective. Your email address will not be published. If the guilty party denies liability, you also need witnesses to corroborate your statement and show that you weren’t the distracted pedestrian. It should not be commonplace to hear that a pedestrian, like a child, or a bicyclist were hit and killed due to a person who was texting while driving. Especially, if you have caused an accident while texting and driving, and someone has died or is seriously injured because of you. To prove that someone has been texting while driving, we can: For legal assistance with your texting and driving case, please contact Allen Accident Law. The intent is to discourage drivers from texting to help make our roads safer for everyone. These include the following: Going head-to-head with the insurance company is not a good idea. This site uses Akismet to reduce spam. (Statistic Brain). And hopefully, you’ll reconsider texting the next time you … Teens in Trouble for Texting and Driving Please contact the developer of this form processor to improve this message. In all but one states, texting while driving is an offense. Any action or activity that leads to taking your hands off the wheel and your eyes off the road constitutes distracted driving. (Statistic Brain), 18,078,704 texts are sent every minute in the United States. Calling the police immediately ensures that no one tampers with the scene, a situation that could jeopardize your compensation. We all know how long a football field is. A personal injury lawyer can help you recover any money you lost because of the drivers negligence. However, before you reach for your phone you should be aware that if you are caught texting and driving you may face heavy fines and even have your license suspended. If you’re in the right physical state, give your statement of account at the scene. Collisions can happen in as little as three seconds. His conviction is … The grounds on which you can sue someone for causing a car accident while texting aren’t definite. If someone hits your car or strikes you as a pedestrian while that person was driving and texting, that individual has violated the law and you can sue them for property and personal injury damages. Texting and Driving is probably also the No. Also keep in mind that some injuries are not evident immediately after the accident. These are quite strict penalties so drivers should really analyze if it is worth going to jail for texting and driving. If you are hit by someone who is texting and driving, you need to seek medical attention as quickly as possible. Texting is similar to drinking in driving in that a driver texting has more or less the same reaction times as one who is legally intoxicated. Even if you don’t think you need to see your doctor quickly after the accident, it’s still important to get checked out. 1 cause of car accidents in the United States. Repeat offenders often face stiffer penalties. It is especially important to seek advice from a lawyer if the offense resulted in great injury or th… There are several ways to prove an accident was caused by someone texting while driving. https://www.ritholzlaw.com/someone-hit-me-while-texting-and-driving-can-i-sue In Colorado, a driver can hold their cell phone in their hand for phone calls. Mentally: Text messages may take your brain off the road. Drivers of all ages tend to underestimate the time it takes for a car accident to happen. Foremost, texting while behind the wheel may cause potentially deadly accidents. Headphones may be worn in one ear for this purpose. The prohibition includes phone calls, text messaging, or similar forms of manual data entry and transmission. 2 And drivers aged 16 to 24 are most likely to use a handheld device while driving. When someone is texting and driving, they are using all of the 3 above components: Texting and driving involve taking your eyes of the road, taking your hand or hands off of the steering wheel and taking your mind or brain away from the … You may know that texting and driving is bad, but may not understand just how bad it really is. Getting hit by a car can result in serious injuries. You will still get a $300 fine for your first offense. These include the following: Trying to gather all these on your own may be impossible, especially if you suffered physical injuries. 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