According to the National Highway Traffic Safety Administration (NHTSA), there were thousands of people hurt by distracted driving accidents in the United States in 2020, and over 3,100 people lost their lives in these accidents.
Texting while driving is a negligent act, and anyone who drives while distracted may be liable for the damages that they cause. If you were involved in a texting and driving accident, our Dayton texting while driving car accident lawyer can help you seek compensation from the at-fault driver responsible for the crash.
In most cases, you must be able to establish a connection between the accident, your injuries, and your resulting losses if you are to win compensation for your damages. A Dayton car accident lawyer from The Fitch Law Firm LLC may be able to help with these tasks.
Call The Fitch Law Firm LLC today to discuss your rights and legal options with a member of our team in a free, no-obligation consultation on your case.
Texting and Distracted Driving Laws
Texting while driving is prohibited in many states. Ohio Revised Code § 4511.204 prohibits the use of various handheld electronic devices to compose or read text messages while operating a vehicle.
Distracted driving includes more than texting and driving, though. It includes any action that can distract a driver while they are operating a vehicle. Actions included in this definition are:
- Reading materials such as books, maps, magazines, or otherwise
- Using social media
- Searching for music
- Watching videos
- Adjusting vehicle or device controls
- Eating while driving
- Applying makeup behind the wheel
- Interacting with other passengers while driving
- Engaging passengers in conversation
- Trying to control child passengers
- Handling a pet while driving
- And more
Why Are There Laws Against Distracted Driving?
Texting and driving (and other driving distractions) can result in serious accidents. Texting and driving involve three different types of distraction identified by the Centers for Disease Control and Prevention (CDC):
- Mental distraction: This occurs when a driver’s mind is taken away from the road and the operation of his or her vehicle. Daydreaming or “zoning out” can increase the likelihood of an accident.
- Visual distraction: Even if a driver is aware that they are driving, it can be difficult for them to concentrate on the road or catch sudden or unexpected changes in road conditions when their eyes are off the road.
- Manual distraction: This occurs when a driver tries to multitask, such as eating and drinking while driving. A driver’s hands should not be removed from the steering wheel while the car is in motion.
A driver’s hands and mind can either be on the wheel and in control of the vehicle or busy texting—not both. If you believe a distracted driver caused your accident, call The Fitch Law Firm LLC for a free consultation with a member of our team.
For a free legal consultation with a texting while driving accidents lawyer serving Dayton, call: (614) 545-3930Call Now »
Evidence for Texting and Driving Accidents
Every accident is unique, but texting and driving can lead to all types of accidents.
- Rear-end collisions
- Sideswipe accidents (or T-bone accidents)
- Head-on collisions
- Rollover accidents
To prove a texting and driving accident case, various forms of evidence can be used, such as:
- Eyewitness statements
- Police reports
- Photographic or video evidence
- Proof of cell phone and social media use
You may not need direct evidence that the responsible driver was texting in order to recover compensation. If they caused your accident with a traffic law violation, such as failure to yield, proof of this may be enough to establish liability.
A Dayton texting while driving accident lawyer from The Fitch Law Firm LLC can gather evidence in your defense when we represent you.
We can also gather evidence of the extent of your damages. Some forms of compensation—especially those involving personal injuries or medical disabilities—may require the testimony of a medical professional. We can collect this testimony when we represent you.
The Last Thing You Should Worry About Is How You’re Going To Pay For Your Medical Bills.Talk To An Attorney Now »
Compensation for Your Collision-Related Damages
Accidents caused by texting and driving often are preventable. Texting while driving may deprive passengers in the vehicle, other road users, pedestrians, and bystanders of their basic safety and well-being. When this happens, the at-fault driver responsible for a texting while driving accident may be held accountable for the injuries and damages that they cause.
These damages include:
- Treatment for personal injuries
- Medication and surgery costs
- Assistive devices, rehabilitation, and therapy expenses
- Lost income
- Pain and suffering
- Vehicle and property damage
- Loss of future earning capacity
A texting while driving car accident attorney from our firm can calculate the total cost of your damages. We can help you reach a fair settlement that covers the cost of your losses.
Frequently Asked Questions About Dayton Texting While Driving Accidents
When you have been involved in an accident caused by texting while driving, you may have many unanswered questions about what to expect from your case.
In the hopes of helping you feel more confident in your decision to move forward with your case, we have answered some commonly asked questions regarding Dayton texting and driving accident cases. Additional questions that are not addressed on this page can be discussed during your free consultation.
Will I Have To Bring My Case to Court?
If we’re able to reach an out-of-court settlement with the liable insurer, then you wouldn’t have to file a lawsuit and attend court. Some lawsuits can be settled outside of court. However, some insurance companies don’t pay for losses where their client was egregiously negligent, like in the case of texting while driving.
When you partner with our accident lawyers, we will manage everything your lawsuit requires, from consulting with key witnesses to upholding courtroom protocol. We will also pursue damages not typically covered by insurance claims, such as pain and suffering.
What Happens if My Child Was Injured Due to Texting While Driving?
If your child suffered harm in a collision, you have the right to pursue compensation for their necessary medical care and your lost wages. Generally, most injury lawsuits must be filed within two years of a collision, per Ohio Revised Code § 2305.10. However, minors cannot file lawsuits until they turn 18.
So, either you could file a lawsuit on your child’s behalf within two years from the accident date, or your child can file a lawsuit once they reach the age of majority. When your child turns 18, the statute of limitations will begin counting down.
Should I Accept an Offer From the Insurance Company?
It is difficult to say whether you should accept an offer from the insurance company without having our team review it first. Generally, it’s not a good idea to accept an insurance company’s first offer. The first offer may not be the fairest compensation possible.
If you accept a settlement from the insurance company, your case ends, and you cannot request more compensation. When reviewing whether a settlement offer is fair, your lawyer will consider your health condition, out-of-pocket care costs, and working ability.
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What To Do After a Dayton Texting While Driving Car Accident
After being involved in a texting while driving car accident, you should:
- Call for medical help: You and the other driver, or even other passengers in each car, could be injured. Even if you don’t think your injuries are serious at first, you might want to visit a doctor. Seemingly minor injuries can sometimes be more serious than you think.
- Get a police report: You should contact local authorities for a police report. This report can be used as evidence in your case. It will include details about who was involved in the crash and how it happened.
- Gather evidence: If you are safely able to gather evidence, it could help your case. Proof of what happened like pictures or videos from the scene of the crash will be used to strengthen your case.
- Keep a journal of your experience: Writing down how you feel and how your injuries are progressing can help your case. Your attorney can use these details to prove that you suffered damages.
- Contact a car accident attorney: A lawyer can help you keep your case organized. They will let you know what steps you need to take to recover compensation. Our attorneys can also handle communication with insurers for you.
We Are Here To Help With Your Dayton Car Accident Case
The Fitch Law Firm LLC understands the sensitive nature of traffic accidents and the need for victims to receive closure. We are here to help you through this difficult time. A texting while driving accident lawyer from our team serving Dayton can pursue compensation on your behalf while you focus on healing from your injuries. We can also manage your case’s communications, deadlines, and paperwork during this challenging time.
For a free, no-obligation consultation on your case with a member of our team, call us now. The Fitch Law Firm LLC handles personal injury cases on a contingency-fee basis, so you pay nothing out of pocket for our help.
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