what happens if you hit someone while texting and driving

January 27, 2021 0 By

Here, you don’t literally take your hands off the wheel or eyes off the road. Foremost, texting while behind the wheel may cause potentially deadly accidents. Think about it, what happens to a family involved in a texting and driving accident. Distracted driving can lead to various injuries, such as: If you become the victim of a distracted driver, stay calm and do your best to follow these steps: Allen Accident Law has years of experience representing texting-while-driving victims and getting them the personal injury compensation they deserve. 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. Most likely, if you are texting and driving, you will be found negligent and the cause of the car accident. Recent statistics indicate that at least nine people are killed and more than 1000 others injured in car crashes that involve a distracted driver. According to the National Safety Council, 1.6 million crashes are caused annually by drivers distracted by their phones. In all but one states, texting while driving is an offense. After a driver reads this, how likely is he or she to have all mental faculties while driving? If you were injured in such an accident , contact a texting … DO get out of your car and check for injuries. 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. Legally, if the other driver was texting, it substantially increases your chances of winning your case. These include the following: Going head-to-head with the insurance company is not a good idea. So, what happens if you hit someone while texting and driving is a major concern in today’s world of increasing technology. But, by and large, the penalties are light. People are not allowed to text and drive in Colorado. You need proof that the driver was indeed texting, and this can only be obtained through acquiring their phone records. If you hit someone, you must stop. 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. It includes: Daydreaming is also another common cause of distracted driving. Minor drivers.Any driver under 18 years of age is prohibited from using a cell phone while driving. 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. Know What to Do in a Texting and Driving Accident. 1 cause of car accidents in the United States. (, Americans send roughly 182,233,333,333 (182.2 billion) text messages every week. 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. That is not good! I think a lot of people in Colorado are not aware of the total ban on text messaging. You may know that texting and driving is bad, but may not understand just how bad it really is. Grooming (e.g., brushing your hair, applying makeup, etc. In Pennsylvania, if you’ve been in a car accident and the other person was texting while driving, the driver could face fines, court costs, and possible jail time. If you hit a pedestrian while driving recklessly, you may face fines and even criminal charges in California. DO give the pedestrian aid. This is often enough to deter drivers from repeating the same mistake. Of course, “distracted driving” can be looking at a business as you drive by, eating, putting on makeup, looking at another driver, using the technology in your car like the radio, navigation, and other controls. Not to mention, if someone is killed or injured in the accident, the negligent driver can be charged with manslaughter and/or murder. Sadly, nearly 10 years after the Michigan texting and driving law took effect, we … Texting while driving is a strong indicator of negligence. If you can do so safely, put your emergency blinkers on and investigate the accident. Visual component: taking your eyes off the road; Manual component: taking your hands off the wheel; and. If you hit someone, you must stop. (Text Request), On average, each American sends and receives 658 text messages per week. 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 … However, there are times when the driver may deny liability or the insurer may reject the claim. The intent is to discourage drivers from texting to help make our roads safer for everyone. Teens in Trouble for Texting and Driving 2 And drivers aged 16 to 24 are most likely to use a handheld device while driving. After getting hit, find an auto accident lawyer as soon as possible. If you kill someone while you were talking or texting while driving, you could be facing vehicular manslaughter charges. What Happens If You Hit Someone While Texting And Driving In Fort Collins? You could get into an at fault accident, lose control of your vehicle and cause serious injury … Most common type of distracted driving. Mentally: Text messages may take your brain off the road. What is happening when a driver is sending a text message? Please contact the developer of this form processor to improve this message. In this case, you need to take the case to trial. His conviction is … Most injury lawyers work on a contingency basis; thus, you don’t have to worry about paying them upfront. However, this doesn’t always happen. For a financially unstable family, something like that could be devastating. Get statements from bystanders and other eyewitnesses when the accident occurred. For example, the driver may delete phone records to destroy evidence. The penalties for killing someone while driving drunk are quite severe, and vary by state law. “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. Calling the police immediately ensures that no one tampers with the scene, a situation that could jeopardize your compensation. Just quickly staying in touch with friends and family for a few seconds while driving can’t be as bad as drinking, right? Americans send roughly 26,033,333,333 (26 billion) text messages every day. They record the incident in a crash report, and the insurance company will assess this document when determining compensation. An emergency is defined as any situation in which the following may occur: Penalties.The table below lists penalties assessed for violating state laws pertaining to cell phone use and text messaging while driving and indicates fines for both initial and subsequent offenses. There are several ways to prove an accident was caused by someone texting while driving. Hire an auto accident attorney for your case. When a driver breaches their duty of care by texting and driving, they’re negligent. You also need help following up the case and sitting in settlement meetings. Your email address will not be published. Distracted driving has always been dangerous, but no amount of loud music or makeup touch-ups behind the wheel can compare to the ubiquity of driving while texting. But how do you go about such a case if you’re the victim? The penalties for texting while driving could include any of the following:. Conduct an accident reconstruction with the help of an expert. If the guilty party denies liability, you also need witnesses to corroborate your statement and show that you weren’t the distracted pedestrian. 77% of those teens also claim to have seen their parent texting while on the road (Price 1).” The penalties for killing someone while driving drunk are quite severe. If you’re involved in a wreck and the other party admits to texting and driving, they are essentially admitting fault. See the Minor License subsection for more information about rules related to minor drivers. Would it surprise you to learn that nearly 30 percent of all car accidents in Texas involve someone either on the phone or texting while driving? In addition to fines set in statute, offenders are assessed a surcharge credited to the Victims and Witnesses Assistance and Law Enforcement Fund and the Crime Victim Compensation Fund. ), Posting, liking, sharing, and commenting on, Using technology in your car (e.g., radio, GPS/navigation, and other controls). In some cases, you may require expert witnesses to recreate the crime scene for purposes of proving fault. Now that we know about all these alarming statistics and how you can compare texting and driving to drunk driving, we can now analyze what happens if you hit someone while texting and driving. This is where you mention that the liable driver was texting while driving. On the other hand, if you or someone you know has been charged with causing an accident while text messaging, you should contact an experienced criminal defense attorney. These are quite strict penalties so drivers should really analyze if it is worth going to jail for texting and driving. If you have been injured in a car accident caused by texting and driving, consult an attorney for assistance. If you are hit by someone who is texting and driving, you need to seek medical attention as quickly as possible. Make a petition to obtain cell phone records coinciding with the time of the accident. Texting & Driving Is Illegal . How does med pay work? Think about it, what happens to a family involved in a texting and driving accident. (Jun. After all, when you’re texting, you’re sober. For Teens, cell phones are totally prohibited while driving. Texting and Driving Laws Help Determine Car Accident Fault. The grounds on which you can sue someone for causing a car accident while texting aren’t definite. 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. In response to the increased risk of texting while driving, many states have passed legislation that … Text messaging: 48 states, D.C., Puerto Rico, Guam, and the U.S. Virgin Islands prohibit text messaging for all drivers. 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. (Text Request), 1,084,722,222 texts are sent every hour in the United States. Distracted driving can cost lives and could cost you your freedom, just like what happened to Kuehl in 2008. After the accident, you may not be in the right physical or mental state to do this. If they deny your allegations, the witnesses can confirm them and help pin liability on the driver. The server responded with {{status_text}} (code {{status_code}}). Learn more. Fort Collins Drunk Driving Accident Lawyer, Fort Collins Motorcycle Accident Attorney, Lyft, Taxi & Uber Accident Attorney Fort Collins, The Fort Collins Personal Injury Attorney Case Results. A lot can happen in that distance. 21, 2019) — Texting and driving is against the law. If you’ve been injured in a crash where the driver was texting and driving, you need to sue them for your injuries. Above all, one of the ultimate consequences of texting and driving can be injury and/or death to yourself, a passenger, or an innocent third-party. When the texting driver’s negligence results in a car accident, they are liable for the accident victims’ damages. https://www.ritholzlaw.com/someone-hit-me-while-texting-and-driving-can-i-sue Nowadays, everyone has a cell phone and most everyone sends text messages while driving. As unbelievable as it sounds, the truth is that texting while driving increases your chances of being in an accident by about 2,300 percent! However, adult drivers are prohibited from manual data entry and transmission on a cell phone (i.e., to send a text message or browse the internet) while behind the wheel. After gathering witness statements, you need to file a claim with the defendant’s insurer. Some evidence may also get tampered with if you don’t know how to look. The attorney will work with the police to get contacts of witnesses and their statement. DO give the pedestrian aid. 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. 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. 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). You should contact a criminal defense lawyer if you are involved in a charge of texting while driving. 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. 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. Colorado: In Colorado, no one is allowed to text and drive. (Text Request), On average, each American sends and receives 2,819 text messages per month. Current law states that a law enforcement officer must see the use of the mobile device to transmit data and that the driver was operating the motor vehicle in a careless or imprudent manner in order to issue a citation. In Minnesota, for example, drivers caught texting face a $50 fine and $225 for subsequent offenses. By hiring an attorney on time, you can have access to all the documents required to earn you compensation for the injuries. Texting and driving is a criminal offense and most states are taking this seriously. If you have been the victim of a driver who was texting and caused an accident, you should contact a personal injury attorney to assist you with your claim. Drivers, regardless of age, may use a wireless device for phone calls or sending or receiving text messages either to contact a public safety entity or during an emergency. Forty-three states and Washington, D.C., have text messaging bans for all drivers, and 15 states and the District of Columbia bar all handheld use of phones. A personal injury lawyer can help you recover any money you lost because of the drivers negligence. Keep reading for what to do if you get hit by someone who was texting and driving. Again, the topic of what happens if you hit someone while texting and driving will be explained below. Your life could end because someone made an unwise decision. Learn how your comment data is processed. If you hit someone while texting and driving, then your actions will be analyzed from a negligence perspective. Drivers in Georgia are expected to give their full attention to the road. 1. That failure to look out for others is a breach of the driver’s legal duty of care. However, an experienced auto accident lawyer knows what damages you deserve and will ensure you get every last penny. US Breaking News Headlines – Online Feed – Today, Now Current. It is a crime to leave the scene of an accident where there is an injury. Numerous texting while driving studies have been conducted, and it’s clear that getting a texting while driving ticket is not the only danger of using your phone when driving. Call (970) 364-6830 for a free consultation. 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 and Driving is probably also the No. However, we know that the laws prohibiting texting and driving in Colorado are being broken every day. Check the pedestrian for injuries. 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. Those fines include texting and driving, negligence, reckless endangerment and other road fines depending on the situation. Showing that someone was sending text messages while driving, even if they are not formally charged criminally, can go to proving that the driver was acting in a wantonly reckless manner. If you use your phone while driving, the chances of being involved in an accident increase by 23%. Instead, your mind wanders elsewhere, so you get lost in thought and become inattentive. Some even recommend the best therapists should you need one to recover from the mental trauma. The Angell Law Firm is located in Atlanta and serves the Rome, Augusta, Athens, Macon, Columbus, Savannah areas. This is for several reasons: In order to win your case, you must show that they caused the accident, either through their actions or their negligence. Even, if this means that they will have their eyes on the road. If you can do so safely, put your emergency blinkers on and investigate the accident. It is especially important to seek advice from a lawyer if the offense resulted in great injury or th… Let’s say you receive a text message that your father just died. First of all, texting and driving is illegal in Colorado (as we have learned above). Keep reading to find out! If this happens, it could mean more compensation for you. 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. If personal injury is involved, the driver could face reckless driving charges or careless driving penalties. A majority of U.S. states have passed laws to keep up with the corresponding increase in texting and driving.. That said, there are some facts that you should know about this issue, especially if you have a text-based lawsuit in the works. Even if you don’t think you need to see your doctor quickly after the accident, it’s still important to get checked out. Texting and driving are a terrible combination and can lead to injuries, car crashes, and even death. 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. For example, you need someone to notify your employer that you won’t be able to work and file the necessary documentation. First off, the car you hit because of texting could be totaled or dealt extensive damage. Should I Get A Lawyer For A Bicycle Accident In Fort Collins? In 2018, around 400,000 people were injured in accidents caused by distracted driving. With the rise of smart phones and social media, more and more people—especially Millennials—prefer to communicate via text. And hopefully, you’ll reconsider texting the next time you … You can see that if you are found to be texting and driving by a police officer, you will have various fines and possible jail time or both. You’ll have the same odds of crashing as if you just drank four large beers. Moreover, sending text messages while driving can also lead to enhanced civil liability. What should you do if you get hit by a distracted driver? Most accident cases resolve through a settlement with the driver and their insurance companies. The auto accident attorney will do the following: You may require witnesses to give a statement regarding the crash. What should you do if you’re hit by someone who was texting and driving? You’re lucky if you leave the scene with all your bones intact. 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