With Montana being the sole exception, every U.S. state and territory has expressly prohibited drivers on public roads from reading, writing, or sending electronic text messages while driving, and Arizona is one of many states that makes texting behind the wheel a primary offense that police officers can pull people over and ticket them for. Despite this, far too many people in Glendale and around the Phoenix metro area still choose to distract themselves with their phones instead of focusing on the road.
If you are dealing with serious injuries from a traffic wreck that you believe was caused by a texting driver, you may have grounds to file suit against that person and demand civil compensation for your crash-related damages. That said, achieving positive outcomes from claims built around texting while driving car accidents in Glendale is not always easy, and you may have a surprising amount of trouble getting paid what you deserve without an experienced auto accident lawyer on your side. Learn more by speaking with the team at Phillips Law Group today.
Proving Someone Else Was Texting Behind the Wheel
Since texting and driving is against the law in Arizona, anyone who engages in this behavior has violated the “duty of care” they have to drive lawfully and responsibly at all times, which would make them liable under the principles of legal “negligence” for any traffic accident they cause as a direct result of their “breach of duty.” Because of this, proving that someone else was at fault for a Glendale car accident can sometimes be as simple as referencing the accident report generated by police officers who responded to the crash scene, which may include a citation for texting while driving issued to another person involved in the wreck.
However, police do not always see a driver texting prior to causing a crash, and it sometimes falls to the person injured in that crash to prove another person was specifically to blame for it in this way. Skilled legal counsel can provide crucial assistance with tracking down, preserving, and making effective use of evidence like witness testimony, surveillance/dashboard camera footage, accident scene photos, and even subpoenaed cell phone records or message logs.
Overcoming Accusations of “Comparative Fault”
When filing suit over a texting while driving car accident in Glendale, it may be important not only to prove that a texting driver was to blame for the wreck, but also to prove that the injured motorist filing suit was not at fault themselves. Otherwise, a court or insurance company could assign them a percentage of “comparative fault” for their own negligence and reduce their final damage award or settlement offer proportionately.
On the bright side, the “pure comparative fault” system that Arizona courts adhere to, codified in Arizona Revised Statutes § 12-2505, does not completely prohibit injured people from recovering at least some compensation even if they are mostly at fault for their own accident. Still, maximizing available recovery after this sort of wreck often means proactively contesting allegations along these lines, which is another thing an auto accident attorney can provide irreplaceable help with.
Talk to a Glendale Attorney About a Possible Texting While Driving Car Accident Lawsuit
As irresponsible as texting behind the wheel undoubtedly is, taking effective legal action against someone who caused a traffic wreck by doing it can be deceptively challenging. There is no shortage of legal and procedural roadblocks that might interfere with your pursuit of fair recovery, or even — if you are not adequately prepared for them — stop you from getting any compensation at all.
Fortunately, you have support available after a texting-while-driving car accident in Glendale from tenacious legal professionals with more than 30 years of experience helping people like you through situations like yours. Additionally, our team is not afraid to take matters to court to fight for what you need if settlement negotiations do not yield satisfactory results.
Please consider calling Phillips Law Group today to schedule your free initial consultation! You are under no obligation to work with us after this visit, but we are confident we can get you started in the right direction. Contact our firm now to find out more!
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