When smartphones were invented, they represented a massive upgrade on the limits of what mobile phones were capable of. Suddenly, everyone had the power to talk, watch movies, and send text messages on the same device. For the most part, those changes have been welcome. It’s almost impossible to imagine not being able to book restaurant reservations, buy movie tickets, and send directions from the palm of our collective hands.
Unfortunately, all that innovation came at a price. You see, every capability built into our smartphones is also a potential distraction. Those distractions equal danger. According to the National Highway Traffic Safety Administration (NHTSA) distracted driving caused more than 3,000 deaths and tens of thousands of injurious accidents in 2020.
If you’ve been injured in a distracted driving crash involving a cellphone, a Marion texting while driving accident lawyer with The Fitch Law Firm LLC can represent you. You can learn more during a free consultation with our personal injury team serving Marion, OH, today.
According to the Centers for Disease Control and Prevention (CDC), distracted driving car accidents on U.S. roadways claim nine people’s lives each day, and another 1,000 or more people suffer injuries. If you take your eyes off the road for even a few seconds, your vehicle can travel hundreds of feet or more before you can react in time to sudden road hazards, such as changes in traffic patterns or stopped vehicles.
There are many forms of driver distraction, including texting and driving, interacting with other passengers, adjusting device controls, applying makeup, and eating. However, texting and driving is particularly dangerous because it combines visual, manual, and cognitive distractions. If you were involved in a texting and driving accident, a Marion texting while driving accident lawyer with our firm may be able to help you. Please contact The Fitch Law Firm LLC for assistance with your case.
The Fitch Law Firm LLC Is Led by a Highly Rated Attorney
It’s no secret that reputations matter in life. That’s usually because a person or company’s reputation rarely precedes them for no reason. So, it goes without saying that if you’ve got to go to court or fight a case against an insurance company, you want a lawyer with a distinguished reputation. The Fitch Law Firm LLC has the kind of reputation you are looking for.
The Fitch Law Firm LLC is led by our founder, John Fitch. John has been licensed to practice law for over 40 years, and he’s led our firm since we opened our doors over 30 years ago. During that time, John has garnered a reputation as a passionate advocate for his client’s rights with a strong commitment to legal ethics. This commitment has led to John receiving a 10.0 rating from Avvo legal ratings.
John is also equally respected among his legal peers. Martindale-Hubbell, a service that conducts peer-to-peer legal reviews, has rated John as preeminent, which means he has average ratings of 4.5 out of 5 from other attorneys. All this means that when you’re represented by The Fitch Law Firm LLC, you’re being represented by a firm with a well-earned reputation for high ethical standards and fighting for their clients.
Distracted Driving Deaths and Injuries
Distracted driving is a serious form of negligent driving. According to the CDC, roughly 3,000 people are killed every year in distracted driving accidents, and the National Highway Traffic Safety Administration (NHTSA) reports that almost 23,000 people died in distracted driving accidents between 2012 to 2018. In addition to fatalities, hundreds of thousands of people are hospitalized or end up in emergency rooms because of accidents caused by texting and driving.
These accidents have real costs. They can cause serious, long-term financial damages and can irreparably harm a victim and their family. Long-term injuries, amputations, an inability to work, and the death of a loved one can forever change the course of the lives of victims.
Common injuries and damages seen in texting and driving accidents include:
- Head, back, brain, and spinal cord trauma
- Broken and fractured bones
- Cuts, bruises, and internal bleeding
- Internal organ damage
- Medical treatment costs for injuries
- Therapy and rehabilitation care
- Medicine and diagnostic testing fees
- Property damage
- Lost income
- Wrongful death
- Burial and funeral expenses
These damages can take a severe toll on the physical and financial well-being of a family, and you may be out of work and face numerous other challenges, such as caring for loved ones while you recover from your injuries. You should not have to bear these costs if the negligence, recklessness, inattention, or distraction of another road user caused your injuries and losses. A lawyer from our team can help you recoup these losses in an insurance claim or lawsuit.
For a free legal consultation with a Marion texting while driving accidents lawyer, call: (614) 545-3930Call Now »
Our Attorney Can Explain How Ohio’s Insurance Laws Apply to Your Marion Texting While Driving Case
Ohio is a fault state. Liability for accidents and the responsibility of covering a victim for losses and damages rests entirely on the at-fault party that caused the accident. There are many cases where it can be difficult to identify whom you can sue for damages and what coverage limits apply to your case. In most cases, you would seek compensation from the insurer of the driver who struck you, but what if they do not have insurance or do not have enough insurance to cover your losses?
Depending on the type of insurance you have and the type of insurance the other driver has, you may be able to seek compensation for some or all the losses and damages outlined above. A Marion texting while driving accident lawyer on our team can help you identify specific losses and damages that are compensable based on your case’s unique circumstances.
Call today for a free case evaluation.
Proof and Liability
Ohio Revised Code Section 4511.204 expressly prohibits the use of handheld devices to read, write, or send electronic messages such as texts while operating vehicles on streets, highways, and thoroughfares that are open to the public. These laws apply to private and commercial motor vehicles, as well as streetcars and trackless trolleys.
Violations of these rules may lead to charges of a minor misdemeanor against the driver who was texting and driving. However, if an accident results in a fatality, serious bodily injuries to a victim, or extensive property damage, or if a driver is a habitual rule breaker or was driving without proper licensing or insurance coverage, he or she may face harsher charges such as financial penalties or jail time.
Establishing liability for accidents caused by texting and driving typically requires you to prove the following:
- That someone was texting and driving and was, therefore, driving negligently
- By texting and driving, a driver did not drive with due care and breached the safe driving standard they owed others on the road
- That a negligent driver’s texting and driving directly caused or contributed to an accident that injured you
- That you suffered damages and financial, physical, mental, or material losses as a result
Depending on how and where your accident occurred, you may be able to use the following in support of a texting and driving personal injury claim:
- Eyewitness statements
- Traffic cam, dashcam, or surveillance footage (if available)
- Pictures and a police report on the accident
- Mobile device usage data
How We Can Assist You After a Texting While Driving Crash
There are comprehensive rules under Ohio Revised Code Title 45 that govern the operation of motor vehicles to reduce the risks and the social and personal losses that vehicle accidents cause. Despite these rules, however, accidents are all too common. When preventable driver negligence, such as texting and driving, causes an accident, it can be hard for a victim to accept and live with the damages unfairly inflicted on him or her.
A Marion texting while driving accident lawyer with our firm can help you:
- Understand the many different road and insurance rules that apply to your texting and driving accident case
- Collect evidence to support your insurance claim or lawsuit
- Respond to messages from the insurance companies and other involved parties
- Evaluate the extent and value of your damages
- Ensure that you meet all legal and administrative filing deadlines
- Negotiate on your behalf and represent you in court if your case goes to trial
Many accident victims read that list of services and worry they can’t afford our legal services. However, that should not be of concern. The Fitch Law Firm LLC takes car accident cases on a contingency-fee basis. That means when you sign on to work with us, we will not charge you any upfront or retainer fees. Instead, we only collect our payment if and when we reach a financial outcome for your case—whether that’s through a settlement or court award.
The Last Thing You Should Worry About Is How You’re Going To Pay For Your Medical Bills.Talk To a Lawyer Now »
How Long You Have to File a Lawsuit After a Texting While Driving Accident
If you want to sue the other party, you must act quickly. According to Ohio Revised Code Section 2305.10, the state sets a two-year filing deadline, starting on the day of the accident, on personal injury lawsuits. Wrongful death claimants also have up to two years from the date of the decedent’s death to file a lawsuit, per Ohio Revised Code Section 2125.02.
Certain exceptions may shorten or extend the deadline. However, if you’re late on filing, you may lose your right to compensation. That’s why it’s important to hire one of our attorneys as soon as possible. They can help ensure you adhere to the applicable deadline.
Things You Can Do to Help Your Case Against a Distracted Driver in Marion, OH
Traffic accidents take time to recover from. The initial period afterward is often an emotional roller coaster among a flurry of activity. If you suffered serious injuries, your recovery period may complicate your efforts to build your case for damages from the liable party.
Our Marion injury attorney can handle your entire case, but any actions you take to help your situation can help us help you. After the accident, you can:
- Seek medical attention promptly and follow all treatment your healthcare professional recommends
- Ensure police document the accident and get a copy of the police report and review it to ensure it recorded the accident correctly
- Collect contact information from the other driver(s) and witnesses
- Document the accident scene’s evidence
- Report the accident to your insurer
- Reach out to our firm as soon as possible for legal representation to protect your rights and interests
We Will Be
There To Help
You All The Way
Call Us Today for Legal Help After a Marion Texting While Driving Accident
Please do not hesitate to contact us for a free, no-obligation case evaluation. We take cases on a contingency fee basis, and we only collect if you win a claim. Remember that the statutes of limitation for personal injury cases typically start from the day an accident occurs or specific injuries are identified or diagnosed, so reach out today to speak with a member of our team.
They can explain how our Marion texting while driving attorney could help you recover damages from the party that caused your accident.
The Next Call You Make
After Calling 911
Should Be Us.