Determining Fault in Your Texting and Driving Accident
The National Safety Council estimates that texting and driving causes 300,000 to 700,000 accidents every year. Many states have taken the initiative to ban texting and driving, making it easier for police officers to pull over an offending party and issue a ticket. These states have also made it easier for insurance companies and lawyers to determine fault when there is a car accident. When an insurance company evaluates an accident to determine fault, the adjuster will request and review the police report to see if either driver was violating traffic laws at the time of the accident. If a driver has violated a law, he or she will likely be found responsible for the majority if not all of the damages from the accident.
How Does Texting and Driving Increase the Risk of a Car Accident?
Texting and driving is a form of distracted driving. In the two to three seconds it takes to read a text message, a car can travel over 100 yards which is enough distance for an occident to occur. Some studies have shown that texting and driving actually increases the risk of a car accident by 20 times.
Texting and driving is a well known form of distracted driving, meaning that someone who texts and drives presents a significant driving danger, and is negligent of his or her duty to drive carefully and avoid accidents. Drivers who are texting at the time of an accident are likely to be found at least partially at fault and responsible for injuries that result, even if they were the ones hit by another driver. If you have been injured in a car accident caused by texting and driving, contact an experienced accident attorney for help.
Teenage Statistics on Texting and Driving
A recent study conducted by the CDC shows that over half of student drivers age 16 and over text while driving. Teenagers are particularly susceptible to accidents while texting and driving because they are less experienced drivers and are considered less likely to wear seat belts or pay attention to other safe driving tips. They are also more likely to cram a bunch of friends into their car which is another risk factor for distracted driving.
As it stands, teen drivers face high levels of scrutiny from an insurance company after an accident for the reasons listed above; so when it is found that a teenager was driving and texting at the time of a car accident he will likely be found at fault and will face full responsibility for the accident. This decision will also likely mean a significant increase in insurance payments, and/or inability to obtain reasonably priced insurance from an insurance provider.
Texting and Driving Accident Lawsuits
Sometimes damages from accidents exceed the amount that will be covered by insurance payments. In these cases, the injured party may pursue legal action through an accident lawyer against the driver responsible for the accident. Personal injury lawsuits award damages to an injured plaintiff if the defendant’s negligence was the cause of the accident and the injuries. If that driver was texting and driving, which is a form of distracted driving; the case may be easier to prove, even if the state does not have a law making the practice illegal.
If you or a loved one was injured in a car accident that was caused by texting and driving, you may be entitled to full compensation from the driver who was texting. If you suspect the other driver was texting at the time of an accident, you may wish to retain the services of a personal injury lawyer who will request a copy of the police report and fight for the compensation you deserve.
If you or a loved one were injured in an accident, you have enough to deal with. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times bigger with the help of a lawyer. Call the caring accident attorneys at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!