Taking your eyes off the road for even a second while driving can leave you unable to react quickly enough to avoid an obstacle in front of you, which in turn can lead to a catastrophic traffic collision at a very high rate of speed. For this reason, among many others, Arizona state legislators have followed the lead of most other states in making texting while driving prohibited by law. Unfortunately, not every driver in the Grand Canyon State obeys this law all the time.
Texting while driving car accidents in Tolleson can often serve as valid grounds for civil litigation, but only if you know what your rights are and how to effectively enforce those rights. Guidance from the seasoned car accident attorneys at Phillips Law Group will help you understand what options are available in your situation and give you the best chances possible of getting the restitution you need.
Holding a Texting Driver Liable for a Car Crash
In Arizona, it is illegal to do anything at all with a handheld electronic device while operating a motor vehicle, so anyone who engages in this behavior behind the wheel has violated the “duty of care” that all drivers owe everyone else on the road around them. Someone who causes another person to get hurt directly through such a “breach of duty” is legally “negligent” and, based on that negligence, can be made to pay financially for every form of harm the injured person experiences from their injury.
Sometimes, proving someone else caused a car crash in Tolleson specifically because they were texting while driving is as simple as referencing an accident report generated by police officers who responded to the crash scene, which may include a citation issued to the texting driver for their violation of state law. In other situations, though, it may fall to the injured person to build an evidence-based case against a texting driver through information like witness testimony, surveillance/dashboard camera footage, and even subpoenaed cell phone data.
How “Comparative Fault” Can Affect Civil Recovery
A qualified attorney can also provide vital help after a texting while driving wreck in Tolleson with fighting allegations of “comparative fault.” Courts have the authority to assign percentages of fault to any personal injury victim they find partially at fault for causing their own injuries. People being sued over car crashes often try to minimize their own liability by trying to convince insurance companies or courts that they should fault the person filing suit.
Under Arizona Revised Statutes §12-2505, any percentage of comparative fault assigned to a car crash victim along these lines can be held against them as a proportional reduction from their final damage award. Fortunately, though, Arizona is a “pure comparative fault” state, so no amount of fault held by an injured person—other than 100 percent, of course — would prevent them from getting at least some compensation for the harm they suffered through the negligence of another.
Talk to a Tolleson Attorney About a Texting While Driving Car Accident Lawsuit
Being hit by a texting driver can be frustrating and debilitating in equal measure, especially if the wreck happened at highway speeds. No matter the specific circumstances leading up to your crash, though, the process of seeking civil compensation for injuries you sustained from it can be far from straightforward, and people who try to pursue claims like this alone very rarely get anything close to what they should be legally entitled to receive.
Phillips Law Group has been locally owned and operated for more than 30 years. Our attorneys are not afraid to take cases all the way to court if necessary to get injured people paid what they deserve. Call today to learn what we can do for you after a texting while driving car accident in Tolleson.
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