Using a handheld device while operating a vehicle is dangerous and illegal, yet despite the risks, people continue to do it. Unfortunately, distracted driving accidents are common, and cell phones are the primary source of these wrecks.
A texting driver could be held at fault if an accident happens and someone is injured. The at-fault motorist could be responsible for paying the injured person’s losses, including medical bills, diminished income, and pain and suffering.
Get in touch with a local car accident attorney when you are hurt in a texting while driving car accident in Mesa. Our team has been representing people like you in this community for decades, and we know how to ensure you receive the compensation you deserve.
Negligent Drivers are Responsible for Damages
Arizona uses a fault-based logic for handling car accident claims. Arizona Revised Statute § 28-4009 requires everyone who registers a vehicle to have liability insurance that provides at least $25,000 in bodily injury coverage for one person and $50,000 when multiple people sustain bodily harm. When an accident happens, the insurance company for the driver at fault pays the losses of other people involved.
Determining fault is not always simple. Police reports, driver statements, and accident scene photographs can help reconstruct what happened and identify who is to blame. In many cases, more than one party bears some responsibility for an accident. If an injured person is partially at fault for their own damages, they can usually still collect the portion of their losses attributable to others. Anyone claiming compensation after a texting while driving accident should engage a Mesa attorney to advocate for them and ensure they do not shoulder an unfair share of the blame.
Finding Evidence of Negligence
Using any handheld device while driving is illegal unless the device is in hands-free mode. When a driver receives a ticket for violating a safety law like the texting while driving ban, the citation is proof of negligence, or negligence per se.
However, not everyone who was texting while driving receives a ticket. A Mesa attorney could investigate to find proof a driver was texting when the accident happened, including:
- Speaking with witnesses of the crash
- Analyzing the vehicle’s data recorder
- Subpoenaing the driver’s cell phone records
- Reviewing surveillance footage from nearby businesses or CCTV
Sometimes in the stressful moments after a crash, a driver will admit they were texting. Our team could use the admission to secure reasonable compensation for an injured person.
Obtaining Sufficient Compensation for Car Accident Injuries
Sometimes an at-fault driver has no insurance, or their policy limits are insufficient to cover an injured person’s losses. If this is the case, an injured driver could turn to their uninsured motorist insurance if they have it. If an injured person does not have this type of coverage, a trusted local attorney could try to obtain sufficient funds from the at-fault driver’s assets like bank accounts or real estate. However, if the driver does not have substantial assets, it could be difficult to make an injured person whole.
An experienced Mesa attorney could look for other sources of insurance coverage to compensate someone after a texting while driving wreck. Depending on the circumstances, the at-fault driver’s employer, a vehicle manufacturer, another driver, a bar or restaurant, or a local government might have potential responsibility for the crash.
Contact a Mesa Attorney for Help With a Texting While Driving Accident Claim
Texting while driving is against the law and anyone who does it and injures someone must be held accountable for their actions. However, proving liability is not an easy process without the guidance of a trusted legal advocate.
Contact a local attorney from the Phillips Law Group for help securing compensation after a texting while driving accident in Mesa. Our legal professionals could find the proof you need, negotiate an appropriate settlement, or take the at-fault driver to court. Call today.
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