Texting and Driving Accident Lawyer

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.