Texting While Driving Accident Lawyer
Last updated Tuesday, February 22nd, 2022
Being involved in a motor vehicle collision can be scary and overwhelming. Unfortunately, many car wrecks today are caused by distracted drivers who do not adequately pay attention to the road. Enlist the help of an experienced car wreck attorney to determine whether the opposing driver in your case was distracted by their cellphone and subsequently caused your accident. Call a Nampa texting while driving accident lawyer to learn more about how a legal professional could help you recover damages.
Laws Regarding Cellphone Use
More and more Idaho cities are passing laws to restrict the use of handheld devices while driving. Even where using a mobile phone while driving is legal, a driver can be fined for inattentive driving or distracted driving if they are looking at their cellphone or texting. The value of a case goes up when someone is hit by a person who is texting and driving, as jurors have no sympathy for someone whose cellphone usage leads to an accident.
Use of a cellphone by a driver at the time of the accident could result in an award of punitive damages if the distracted driving caused the accident. Punitive damages are intended to punish the at-fault driver and prevent similar behavior from occurring in the future. An attorney can help evaluate the damages available to an injured victim and work to pursue compensatory payments for their losses.
What is Comparative Fault?
Comparative fault could be assigned to the claimant if they were using their cellphone when the accident occurred. Even if the other driver runs a red light, if the claimant was using a phone at the time of the accident, an argument can be made that they are comparatively at fault because they could not anticipate and evade the crash. If both drivers were using their cellphones at the time of the accident, the jury may refuse to award damages to either party, or they can reduce damages by the plaintiff’s assigned percentage of fault. Our knowledgeable attorneys could help claimants argue for the maximum amount of damages available to them.
Gathering Evidence in a Car Wreck Case
Witness statements are important to prove that a driver was using a cellphone at the time of an accident. Cellphone records can also verify that someone was using their phone when the collision took place. However, before law enforcement and insurance companies can obtain phone records, they must get a subpoena from the court or a voluntary admission from the cellphone user. Fortunately, a texting while driving accident lawyer in Nampa could help gather such evidence, organize it, and present it in a way that promotes your chances of a successful claim.
Contact a Texting While Driving Accident Attorney Today
If you suspect that the at-fault driver who caused your collision was on their cellphone at the time of the accident, you should contact a skilled attorney to determine your next steps. Call Skaug Law to have a lawyer today to review your case and explain your legal options.