With the exception of Montana, every U.S. state and territory expressly prohibits drivers from reading, writing, or sending text messages behind the wheel, and Arizona goes even further by prohibiting any use of a “stand-alone electronic device” while driving unless it is in hands-free mode. Unfortunately, there are still new examples every single day of people ignoring this law and driving while dangerously distracted. All too often, this type of misconduct leads to serious and potentially life-altering traffic collisions.
Since texting while driving is against the law, texting while driving car accidents in Avondale can very often serve as the basis for civil litigation, through which you could demand compensation for every form of harm you will have to deal with because of your wreck. However, knowing that someone else is to blame for a crash and proving them liable for it in court are two very different things, and assistance from a skilled car accident attorney could be vital to maximizing the compensation you can obtain.
Arizona is a “fault” state in the context of car accident litigation, which means there are no extra restrictions placed by state law on the right of car crash victims to file lawsuits against the people responsible for their wrecks. When an Avondale texting while driving car wreck leads to at least one injury serious enough to need professional medical care, the injured person would likely have grounds to sue the texting driver who hit them and demand compensation for various losses stemming from their injuries, including:
It is worth emphasizing, though, that while it is certainly possible to recover through both personal car insurance and a third-party lawsuit for the same accident, it is not possible to recover twice for the same specific losses. For example, any medical bills covered by insurance could not then be included in a lawsuit or settlement demand.
Sometimes, proving someone at fault for a texting while driving car crash in the Avondale area is as simple as referencing a police report generated by an officer who responded to the scene. Since texting while driving is a “primary offense” in Arizona which police officers can pull someone over for without seeing any other traffic violation, it is common for officers who suspect someone involved in a crash was texting behind the wheel to include a citation for that offense in their accident report.
If there is not such a citation in the report, though, it may fall to the person injured by the texting driver’s misconduct to establish fault for the crash themselves. Depending on the circumstances, this could entail soliciting testimony from eyewitnesses, getting footage from surveillance or dashboard cameras, referencing photos and videos of the crash scene, or even subpoenaing cell phone records to determine when specific messages were sent and/or read.
Filing a lawsuit against a driver who hit you while texting or otherwise distracted by their phone can be more difficult in practice than you might expect. Even seemingly obvious negligence can be tricky to build a strong civil claim around, and you might find your path to recovery even more treacherous without guidance from knowledgeable legal counsel.
Fortunately, you have access to help from experienced and dependable attorneys who know exactly how to handle cases just like yours. Call today to discuss your options after a texting while driving car accident in Avondale.
Phillips Law Group
N/a
Available 24/7