Every driver knows about the dangers of texting while operating a vehicle. Even still, drivers continue to engage in this irresponsible behavior and cause accidents. When you sustain injuries and damages in a texting while driving car accident in Flagstaff, contact an auto collision attorney at Phillips Law Group immediately.
Our team can investigate the incident, gather evidence of negligence, and help you hold the texting driver accountable for their behavior. The first step is to give us a call to learn more about your legal options.
It Is Against the Law to Text and Drive
When a driver sends or reads a text while driving, it diverts their attention from the road. Texting and distracted driving are major causes of car accidents not just in Flagstaff but across the nation.
Almost every state bans drivers from sending or receiving texts while operating their vehicles. Arizona Revised Statutes § 28-914 prohibits the use of electronic devices while operating a vehicle unless the device is in hands-free mode.
Although the penalties for texting while driving are relatively lenient, a driver who causes an accident while driving distracted faces potentially serious consequences. An injured person could sue them for negligence and hold them financially and legally responsible for their injuries and losses.
Proving a Driver Was Texting When an Accident Occurred
To claim compensation for their injuries, an injured person must prove a driver was negligent. Because texting while driving is against the law, proving the driver was texting is also proof of negligence.
Sometimes, a driver admits they were using their phone when the accident happened. In that case, the police typically issue a citation. If the police do not give the driver a ticket, a Flagstaff attorney can identify other means of proving the driver was texting at the time of the wreck.
Surveillance cameras often surround an accident scene, and video of the crash might show whether the driver was texting. Sometimes, the driver’s car is equipped with a camera, or the cell phone might have been recording video when the crash occurred. A legal professional can also issue a subpoena for a driver’s cell phone records.
The Process for Obtaining Compensation
When someone is injured in a texting accident in Flagstaff, they typically file a claim with the responsible party’s insurance company. The insurer might come back with an offer, and negotiations begin. The insurance company’s first offer is almost always inadequate to fully compensate an injured person’s losses.
When an injured motorist works with a legal professional, the insurer understands that they intend to assert their rights. The insurer is likely to make an offer that more closely reflects the person’s actual damages and engage in good-faith negotiations.
Sometimes, insurers still fail to make a reasonable offer. When that scenario occurs, our attorneys can build a robust case to present to a jury and achieve a verdict that fully compensates the injured person for their losses.
Contact a Flagstaff Attorney If a Texting Driver Hit You
A distracted driver is a dangerous driver. When someone’s negligent conduct causes you harm, they owe you compensation.
Texting while driving car accidents in Flagstaff are preventable. Do not let an irresponsible driver get away with injuring you. Reach out to the legal team at Phillips Law Group to learn how you can hold them accountable during a free, no-obligation consultation.
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