Like many other states, Arizona has made it illegal not just to read, write, and send text messages on a cell phone or smart phone behind the wheel, but to do anything at all with a handheld electronic device while operating a motor vehicle. Unfortunately, there are still people in Gilbert and throughout the Grand Canyon State who choose to act both illegally and irresponsibly by texting and driving on public roads—an act which sometimes has devastating consequences.
If you were hurt recently in a texting while driving car accident in Gilbert, you very likely have grounds to demand civil compensation from the texting driver who is at fault for your injuries. If you want the best possible chance of getting the most favorable outcome from your claim, you will likely need the help of an auto accident attorney from Phillips Law Group. Our team has decades of experience getting people like you paid what they deserve even if it means going all the way to civil court.
Texting while driving violates the duty of care all licensed drivers have to act lawfully and responsibly at all times behind the wheel. Any such breach of duty that directly causes an otherwise preventable injury can be the basis for a personal injury lawsuit in Arizona. However, police officers who respond to car crashes in Gilbert are not always able to tell in the moment whether texting while driving was the main cause of the crash. This means they may not include a traffic citation for this offense in their accident report.
In this scenario, an injured person may need to prove through evidence that someone else’s texting directly led to their sustaining a serious injury. Legal counsel can, among other things, provide vital help with finding, preserving, and making effective use of evidence like witness testimony, crash scene photos, surveillance/dashboard camera recordings, and even cell phone records obtained through a court subpoena.
Legal counsel can likewise play a central role in ensuring that a lawsuit or settlement demand based on a texting and driving car wreck in Gilbert accounts for all the losses an injured person will experience because of that incident. This can include both economic and non-economic forms of harm like:
While it is very rare, people who cause car accidents through extremely egregious negligence—for example, texting and heavily drinking while driving—may also be made to pay punitive damages in addition to paying for the compensatory damages mentioned above.
Texting and driving is one of the most common causes of auto accidents across the United States, despite various efforts by state legislatures in recent years to prohibit and punish this behavior. If someone engaging in texting while driving has left you seriously injured through a preventable wreck, they should be the ones to pay financially for the consequences of their actions.
Getting this kind of result from a civil claim can be far from simple, though, especially without support from qualified legal counsel. Get in touch with one of our team members today to discuss your legal options and learn how Phillips Law Group can help you in the wake of a texting while driving car accident in Gilbert.