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Hurt in a Texting and Driving

Distracted driving is in many ways as dangerous as driving under the influence of alcohol or drugs. Since the advent of cell phones, texting while driving has been a major point of discussion across the country. Many people across all age groups and demographics have caused serious and even fatal accidents due to distracted driving, and texting while driving is one of the most common distractions leading to such tragedies. In 2015 alone, nearly 3,500 people in the United States died as a result of texting while driving.


The car accident attorneys at Fielding Law want to help injured victims recover compensation for their medical expenses, pain and suffering, lost wages, and property damage. When people suffer such losses due to reckless behavior, such as driving while distracted, it’s crucial to hold the responsible parties accountable for the damage they cause.

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The Process

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Why you need legal representation

An injury due to a car accident can be a traumatic experience, and dealing with unscrupulous insurance company representatives only adds to the stress. Most laypersons lack the legal experience to properly fight for all the compensation they deserve and will likely unknowingly settle for far less than their case is worth. No matter what, it always helps to have an experienced attorney on your side, and that’s what Fielding Law can offer.


Our team will represent your interests fiercely, whatever they may be. We will work with the insurance companies to get you the best possible settlement. If negotiations fail to produce a reasonable settlement, we won’t hesitate to take your case to trial and fight for every dollar you deserve. Our top priority is your success, and we’ve helped hundreds of victims who have been involved in car accidents receive the compensation they deserve.


If you live in Utah, Texas, Arizona, or Idaho and you’ve recently been involved in a car accident, don’t wait to hire our Utah car accident lawyers or our Texas car accident lawyers that can help you receive compensation. Call us today at (877)880-4090 or contact us online to set up a free evaluation. Hablamos Español: (877) 880-4090.



I've never been in this scenario before. I found myself in the hospital after I was involved in a truck accident; I didn't know what to do or how I was going to live, but from the moment I came into the office of Fielding Law Auto Accident Attorneys, they made me feel at ease and cared for. I recommend them to anyone who requires the services of an attorney.


You should work with Fielding Law Auto Accident Attorneys, in my opinion. They looked after my case and I very well. They provided frequent updates, the settlement process moved along quickly, and they stood their ground when it came to negotiating with the insurance provider. I would keep using them if I ever required their services again.


We used Fielding Law Auto Accident Attorneys in our accident case. These guys are knowledgeable and always willing to go to bat for us and our children. It was such a terrible thing that happened to my child by no fault of his own or mine. We were very lucky to have such a great representation to help fight for our baby and what happened to him and all the other little ones involved.


We were unsure of what to do after my wife was involved in a car accident. We probably would have accepted the insurance company's settlement in its entirety. Fielding Law Auto Accident Attorneys, however, were a lifesaver when we contacted them. walked us through every step with ease, put us in touch with helpful doctors, and was able to secure a favorable settlement for us..


Throughout my case, Fielding Law Auto Accident Attorneys were professional, honest, and determined to see it through in the most efficient way possible. They fought for me and my case was a success. If you have been wrongfully injured, I highly advise you to contact Fielding Law Auto Accident Attorneys.


This is the most amazing law firm I could have ever imagined working with! They are as honest as they come, always keep you updated, and do whatever it takes to get you the best possible settlement. I will always recommend Fielding Law to anyone who needs an auto accident attorney. Thank you especially to Brian and Phil they are so kind and truly the best!


Michael and Mitchell are both excellent attorneys who know the ins and outs of personal injury law. And they are dedicated to their clients.


I have seen thousands of lawyers in action, and I can say without reservation that Michael Fielding is one of the best I have come across.


If you’re looking for the right lawyer to represent you, look no further: Mitchell is your guy.


Texting and Driving Accident FAQs

Building a Strong Case

After an accident with a texting driver, the victim’s first priority should be seeking medical attention. It’s important to seek treatment as soon as possible, even if the victim believes his or her injuries are not severe. Any delay could not only jeopardize the victim’s health, but also his or her chances of success in a future personal injury claim against the at-fault driver. If the jury sees that the plaintiff took an unreasonable time seeking medical care, they will likely assume his or her injuries were not as severe as claimed.


Once the victim has obtained a medical report of his or her injuries, the next step should be securing a police report from the accident. The police report will include statements from the drivers involved in the accident, as well as any available witnesses.


Next, the injured driver should seek a reliable personal injury attorney for filing a lawsuit against the texting driver. To succeed in a personal injury claim, the plaintiff must prove four things in court:

  • Duty
    • The plaintiff must show the court that the defendant owed the plaintiff a duty of care at the time of the accident.
  • Breach
    •  Next, the plaintiff must show the court how the defendant breached or violated this duty of care. In a texting and driving case, texting behind the wheel constitutes a breach of duty. The plaintiff’s attorney will likely gather evidence including traffic camera footage, witness statements, and possibly even subpoena the defendant’s cell phone records to prove he or she was texting at the time of the crash.
  • Cause in fact
    • The plaintiff must prove that his or her damages were the direct result of the defendant’s breach of duty.
  • Damage
    • The plaintiff must have suffered actual harm to sue. If he or she incurred no injury or economic loss, there is no claim.


Usually, the hardest part of winning a lawsuit against a texting driver is proving he or she was in fact texting at the time of the accident. The right attorney will know how to approach this and help the client build a strong case. At Fielding Law, our personal injury attorneys have experience handling all types of civil claims for vehicle crashes, and we believe in providing comprehensive legal counsel to every one of our clients and maximizing their recoveries after serious accidents. Contact our team to schedule a free consultation about your texting and driving case, and we can let you know what to expect from suing the at-fault driver.