Columbus Texting While Driving Accident Lawyer

Texting and driving are a dangerous combination. When you share the road with a driver texting on their cell phone, their inattention can lead to an accident and leave you or someone you love with serious physical injuries.

A Columbus Car Accident Lawyer can help you hold the at-fault driver financially responsible for their actions, your injuries, and your financial losses. If you are ready to assign liability to the at-fault driver and collect the compensation the driver owes you, reach out to us.

What to Know About Texting While Driving Accidents

Distracted driving constitutes a wide range of behaviors that take the driver’s attention away from the road, therefore increasing the odds of an accident. Sometimes the distractive behavior is performed by the car’s passengers, such as pets and children, but there are also many examples of distractive behavior that the driver takes part in themselves. Take, for instance, texting and driving.

Although the act of sending a quick text may seem minor on its own, texting while behind the wheel is one of many distracted driving behaviors that have the potential to cause harm to both the driver and other motorists. In the few seconds that it takes to look away and send even a single text, the car could be crossing hundreds of feet without its operator being truly aware of their surroundings or possible hazards. This makes the possibility of danger and serious injury much more likely to occur. 

In fact, according to the Ohio Department of Transportation and the Ohio Department of Public Safety, drivers that text and drive are 23 times more likely to be involved in a crash than drivers who aren’t using their mobile phones on the road. Between 2021 and 2026, more than 51,000 distracted driving crashes have taken place in the state of Ohio (Ohio State Highway Patrol).

Do You Have a Texting While Driving Accident Claim in Columbus?

All drivers are expected to provide a safe environment for those they share the road with. This means they will not participate in distracted driving habits, such as using a mobile device. If they are using their device, they cannot successfully follow posted roadway signage, which could lead to a dangerous situation. A Columbus Personal Injury Lawyer can take steps to show that another driver caused your wreck through negligence.

When another driver on the road with you is texting and driving and causes an accident, they can be held financially responsible for their actions.

A texting while driving car accident lawyer in Columbus, OH, can take steps to show that another driver caused your wreck through negligence. Drivers behave negligently if they:

• Owe you a duty of care
• Fail to uphold their duty
• Directly cause your accident and injuries

If you have questions about your eligibility to file a car accident claim after a texting and driving accident, our experienced injury attorneys in Columbus, OH are here to provide you with answers.

Ohio Laws Regarding Texting While Driving

In 2023, Governor Mike Dewine passed the “phone down” law — otherwise known as Senate Bill 288 or Ohio Revised Code § 4511.204 — which made it a primary offense to use handheld electronic devices while driving. This means that distracted behaviors such as texting and driving can warrant being pulled over by law enforcement. 

Drivers caught texting and driving can face the following penalties:

• 1st offense: two points on license and a fine of up to $150
• 2nd offense: three points on license and a fine of up to $250
• 3 offenses or more: four points on your license, and a fine of up to $500, and a possible 90-day suspension of driver license

Determining Fault

Determining liability in an auto accident often hinges upon proving that another party acted negligently. Under Ohio law, this would mean that another party failed to exercise a reasonable amount of care under the given circumstances (e.g. using their hand held device while behind the wheel).

Negligence Per Se

A legal principle in the United States called negligence per se — “negligence in and of itself” — dictates that violating a law or statute automatically establishes negligence. Because texting and driving is illegal in Ohio, a driver partaking in this behavior and causing a car accident can automatically be considered negligent. 

But proving negligence per se doesn’t guarantee a case, and it requires supporting evidence. If you were injured in an accident where the other party was texting and driving, The Fitch Law Firm can help you investigate the accident, examine the other party’s cellphone use, and prove liability. 

Comparative Negligence

Ohio is one of many states that follow a comparative negligence system, which allows fault to be split amongst several parties in the case of an auto accident (ORC). This means that multiple parties could be considered at-fault for a car accident, even if only one party was texting and driving. 

A comparative fault system means a couple things:

• There is the possibility that you could be found partially at fault for the car accident, but so long as you are less than 51% liable for the accident, you are still able to recover compensation. 
• Your compensation will be diminished according to the amount of fault you share. For example, if you were found to be 20% at fault for the accident, then the damages you receive would then be diminished by 20%.

What Compensation Can You Get in Columbus?

From medical bills to lost income to pain and suffering, the financial impact of a car accident should fall on the driver who caused the collision, not on you or your family. A Columbus texting while driving car accident lawyer could help you secure funds to cover your:

Healthcare Expenses

Our team understands that texting and driving accidents can result in serious injuries, including broken bones, traumatic brain injuries (TBIs), and internal injuries. These injuries may require:

• Emergency medical treatment
• Time in a hospital
• Medical tests and assessments
• Surgeries
• Rehabilitation
• Medications

It is important that you do not forego medical treatment following an accident. If left untreated, injuries can become worse over time, and eventually, become permanent. Seek the medical care you need right after your injury, as all expenses that you are forced to pay are recoverable.

We will work with doctors and other healthcare professionals to ensure that you reach the point of maximum recovery from your injuries.

Lost Wages

Were you unable to return to work after a  distracted driving accident in Columbus? In this situation, the driver who caused your collision through distraction could have to cover your lost wages and earning potential.

Vehicle Repairs or Replacement

Your vehicle could sustain severe damage or even en

d up totaled after an accident with a texting driver. The individual who caused your collision may have to cover these costs, as well as other property damage costs that resulted from the accident.

Pain and Suffering

Finally, you may receive funds to cover your pain, suffering, and mental anguish following a texting while driving accident in Columbus. We assess all the losses you could face in an accident and help you move forward.

Be open and honest with your legal representation regarding these non-economic damages. Because these damages do not have a distinct monetary value associated with them, your attorney will have to conduct more thorough research to ensure you are completely compensated for such damages.

How Much Compensation Do You Get After a Texting and Driving Accident?

Financial compensation after a car accident will vary from person to person. Your Columbus texting while driving car accident attorney can help you determine the types of payment you are entitled to receive.

A lawyer can also help you assign an accurate value to your claim that ensures your expenses and losses are fully covered.

How The Fitch Law Firm Can Help

The Fitch Law Firm is committed to helping injury victims and their families pursue compensation for lost wages, past and future medical costs, pain and suffering, and other damages resulting from someone else’s negligence. We understand how overwhelming it can be to juggle a car accident claim while navigating recovery and financial loss, but our experienced legal team can take care of the legal legwork for you.

In our 30-plus years of legal service, we have helped injured victims and their families recover the compensation they need to move forward. We are passionate about pursuing justice for our clients and providing personalized legal representation tailored to their unique circumstances. Our successes in personal injury cases throughout Ohio reflect the dedication, diligence, and client-focused approach we bring to every case.

To help alleviate some of your burden, our attorneys can:

• Investigate the driving accident claim for you
• Help gather police reports, cellphone records, and crash evidence
• Consult accident reconstruction experts
• Handle uninsured and underinsured motorist claims
• Negotiate with insurance companies
• Identify liable parties
• Calculate your potential recoverable damages
• Pursue compensation for medical expenses, lost wages, pain and suffering, and other damages

From start to finish, we manage every aspect of your case. We handle communications with the at-fault party and their insurance company, keep you informed about your case’s progress, file insurance claims, initiate a lawsuit when necessary, and aggressively advocate for your right to compensation at trial. Our client-oriented firm also provides legal support tailored to your specific needs, so if you have questions about how your case will be handled, we encourage you to discuss them during your free initial consultation.

If you were seriously injured in a texting and driving accident, The Fitch Law Firm can help you secure the financial recovery you need to receive treatment from leading Columbus medical providers, including The Ohio State University Wexner Medical Center and OhioHealth Grant Medical Center.

Call us today at (614) 739-8931 or contact us through our website for a free legal consultation and take the first step toward securing the justice and compensation you deserve.

How Do We Investigate Texting and Driving Cases?

Collecting compensation from the at-fault driver means proving they caused the accident. We can also help establish the cause of the accident and its effect on you physically, emotionally, and financially. Our investigation can involve the following:

• Reading and reviewing crash reports
• Interviewing witnesses to the accident
• Requesting the at-fault driver’s cell phone records
• Reviewing any nearby surveillance footage

You do not have to fight for the compensation you need on your own. If you need assistance assigning liability and holding the at-fault driver responsible for the financial impact of the accident, a Columbus texting while driving car accident lawyer can help.

We understand that driving requires one’s full attention. Any distraction that shifts your focus can be dangerous for everyone on the road. Texting while driving diverts a driver’s attention from the safe operation of their vehicle, and is one of the most dangerous forms of distracted driving because it takes a driver’s eyes off the road entirely.

Additionally, Ohio Revised Code Section 4511.204 makes texting and driving illegal. If the driver who hit you gets convicted in criminal court for their actions, we may be able to use that result when building your civil case.

Let Us Negotiate Your Claim or Help You with a Lawsuit

When it comes to handling a texting while driving accident in Columbus, you have two primary options to secure compensation for your losses. Depending on your situation, a Columbus texting while driving car accident attorney may suggest:

Settling with the Other Driver’s Insurance Company

Many drivers choose to settle their claims out of court after being hit by a texting driver. Accepting or rejecting an insurance settlement is always your decision. However, having a lawyer by your side during settlement negotiations can be beneficial.

Your lawyer can:

• Accurately assign a value to all aspects of your claim
• Negotiate with the at-fault driver and his insurance provider
• Review the at-fault driver’s insurance policy and its coverage limitations

An insurance settlement can allow you to receive the compensation you are entitled to without the stress and anxiety of a lawsuit. Our team is ready to help you negotiate a settlement that fully covers your expenses and does not leave you with out-of-pocket costs.

Filing a Lawsuit Against the Texting Driver

What happens if the insurance company refuses to cover all your losses or tries to blame you for the texting and driving accident? In this situation, your lawyer may suggest you file a lawsuit against the driver who struck you.

We have strategies that work in the courtroom in Columbus, and we’re ready to apply them to your case.

What’s the Time Limit on a Texting While Driving Case in Columbus?

Filing a financial recovery insurance claim or lawsuit can be time-consuming. Start building your compensation case as soon as you feel ready because Ohio’s statute of limitations sets a deadline for filing a personal injury lawsuit.

Ohio Revised Code Section 2305.10 generally allows accident victims two years from an accident to file a lawsuit for financial compensation. If your physical recovery is complicated or lengthy, or if you are helping a loved one recover from their physical injuries, the time you have to file a lawsuit does not change.

Failure to file your lawsuit on time could result in an inability to file it at all. While you focus on recovering, we can start preparing and building your claim. The texting while driving car accident lawyer representing your case for financial compensation will file it per the state’s predetermined timeline.

What Do Texting While Driving Accident Lawyers Charge?

When you suffer injuries in a texting-while-driving accident in Columbus, the last thing you want to do is haggle with the insurance adjustor regarding a fair settlement. Instead, you should focus on your recovery, not your financial worries.

Our car accident attorneys work on a contingency fee basis just for this purpose. At The Fitch Law Firm LLC, we believe you deserve legal representation when a distracted driver hits you and causes injuries without stressing over costly hourly rates.

We believe that our work can help prevent future distracted driving accidents. Because of this, we only get paid if we secure a settlement or court award for you. Your Columbus texting while driving car accident lawyer will receive an agreed-upon percentage of your winnings. So, there are no upfront fees or out-of-pocket costs to cause you stress.

Get Financial Compensation from the At-Fault Distracted Driver

Text messaging is commonplace—most people do it several times a day. However, as ordinary as texting is, it is illegal from drivers to send or reads messages while operating a vehicle. Were you or someone you love involved in a car accident because the other driver was texting?

If so, you can collect financial compensation from the at-fault driver and their insurance company. Our team can assess your situation to see if you qualify to file a claim.

A Columbus texting while driving accident lawyer can help you file a personal injury lawsuit or insurance claim to recoup the financial expenses and losses your injuries created. Contact the client intake team at The Fitch Law Firm LLC today for help.