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 texting while driving car accident lawyer in Dayton, Ohio, 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.
Ohio Texting and Distracted Driving Laws
Texting while driving is prohibited in many states. Ohio Revised Code § 4511.204 prohibits the use of handheld electronic devices to compose or read text messages while operating a vehicle.
Distracted driving includes more than just texting and driving, though. Distracted driving includes any action that can distract a driver while they are operating a vehicle.
Many motorists believe that because they are not being pulled over for distracted driving, they are driving responsibly. The National Safety Council’s (NSC) research confirms that many accident fatalities go unreported since states cannot monitor cell phone usage. Accountability and financial restitution are both possible with an Ohio distracted driving attorney.
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Winning Compensation for Your Collision-Related Damages
Distracted driving is a choice, so accidents caused by texting and driving are 100% preventable. The lives of those inside the car, other drivers, pedestrians, and onlookers may be in danger while someone is texting and driving. When this happens, the driver who was texting and driving may be legally responsible for their injuries and property damage.
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
Our firm’s Dayton texting-while-driving car collision attorney can assess your distracted driving claim and determine the full extent of your losses. With the aid of an experienced legal team, you can be granted a sizable amount of compensation meant to make up for your losses.
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Texting While Driving Defense Arguments
It is our responsibility to show that the driver was texting while operating a motor vehicle, even though they may have a prepared defense that would support using a phone while operating a vehicle. Our attorneys prepare for every legal consideration, including potential defense claims like:
- The driver was using their phone for a legal purpose, like navigating directions, listening to music, choosing a number to call, or enabling their phone’s speak-to-write-feature.
- The driver was falsely accused of texting and driving because their car was stationary at the time.
Our car accident lawyers meticulously review the available facts to challenge the defense’s legal arguments, regardless of what the defense claims. Creating a solid defense plan requires talent, but it is not difficult with the help of our team of Dayton auto accident attorneys.
How Evidence for Texting and Driving Accidents Is Collected
Every accident is unique, but evidence reported to the NHTSA confirms that cell phone use while driving contributes to a leading number of deaths each year. A texting-while-driving car wreck lawyer from our Dayton, OH, firm can gather evidence in your defense when we represent you.
Evidence from a texting and driving accident case is collected by:
- Obtaining the police report: An officer’s assessment of what they believe happened is a critical piece of evidence. If law enforcement suspected that the driver was texting while driving, a citation will be mentioned for such.
- Subpoenaed cell phone records: Our attorneys can demand that cell phone records be supplied. These records will detail the other driver’s text message reception and response behavior in comparison to the accident’s time.
- Passengers and witness statements: If a bystander or the other passenger in the car can confirm that they witnessed the driver looking down at their phone during the crash, this may be enough to establish liability.
- Camera footage: Cameras are everywhere these days, and for your texting-while-driving accident case, it can be used to our advantage. If we can pinpoint what the driver was doing from a traffic camera, business camera footage, or even a residential security camera, this will be used to prove the driver’s reckless behavior.
- Deposition statements from the driver: During the official deposition hearing, the driver is questioned under oath and must answer honestly, or they will be charged with perjury. Some drivers admit fault during this time so that they won’t face an additional charge when other forms of proof come to light.
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Frequently Asked Questions About Dayton Texting While Driving Accidents
If you were in a texting-while-driving accident, you probably have a lot of questions about what to expect from your case. Our Ohio car accident lawyers have addressed some frequently asked questions on texting and driving accidents in Dayton in the hopes that you will have more confidence in your decision to pursue legal action.
During your free appointment, we can talk about any other queries that are not covered below.
Will I Have to Bring My Distracted Driving 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.
The necessity of going to court mostly depends on how ready the insurance company is to compensate you for damages. When you work with our accident attorneys, we will handle every aspect of your claim thoroughly and pursue damages like pain and suffering that are not normally covered by insurance claims.
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, accepting an insurance company’s first offer is not a good idea. 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 determining whether a settlement offer is fair, your lawyer will consider your health condition, out-of-pocket care costs, and working ability.
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 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. While you focus on healing from your injuries, a Dayton texting-while-driving car accident lawyer from our firm can pursue compensation on your behalf. We can also manage your case’s communications, deadlines, and paperwork during this difficult time.
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 session. If you cannot afford legal representation for your case, rest assured that our legal services are billed on a contingency fee basis. You will only owe us the agreed-upon amount once your case is won.
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