Under Arizona state law, it is illegal for anyone operating a motor vehicle to read or write text messages, use a cell phone outside of hands-free mode, or do anything else with a handheld “electronic communications device.” Anyone who violates this rule may be pulled over by police, ticketed, and fined anywhere from $75 to $1,000 depending on their history of similar offenses and whether their negligence this time resulted in a serious crash — and yet, far too many people around the area choose to drive distracted in this way every single day.
If you have been hurt in a car crash recently that you believe stemmed from someone else using their phone while driving, you should strongly consider reaching out to a skilled car accident attorney sooner rather than later. Texting while driving car accidents in Peoria can be deceptively difficult to successfully file suit over, and assistance from a seasoned legal professional may be vital to getting the compensation you deserve without running into any legal or procedural roadblocks along the way. Call Phillips Law Group to get started discussing the details of your situation today.
Proving Someone Else Was Texting Behind the Wheel
Since texting while driving is against the law in Arizona, anyone who engages in this behavior while operating a motor vehicle has committed a de facto “breach” of their “duty of care” — in other words, their legal responsibility to act lawfully and responsibly behind the wheel in order to protect others around them from coming to harm. Anyone who directly causes someone else to sustain a physical injury through such a “breach of duty” is legally “negligent,” and proving negligence in this way is the foundation of just about every successful civil claim over a texting-while-driving car crash in Peoria.
That said, police officers are not always perfect about identifying when a driver involved in an auto accident was texting behind the wheel prior to the accident happening, which means there may not always be a police report to fall back on when it comes to proving liability for the wreck. Among other things, an experienced car crash attorney from Phillips Law Group can provide vital assistance with collecting and presenting other evidence of fault after an incident like this, such as witness testimony, surveillance/dashboard footage, photos and videos of the accident scene, and even subpoenaed cell phone records.
Are Texting Drivers Always at Fault for Wrecks?
Even though texting while driving is a textbook example of legal negligence, that does not mean texting drivers are the only people who could possibly be considered “at fault” for a wreck they were involved in. If someone else involved in that crash was also breaking the law or otherwise acting irresponsibly immediately before the collision occurred, a court may assign them a percentage of “comparative fault” for their own injuries.
Then, the court could reduce the civil compensation available to that person in proportion to their share of the total fault. Contesting allegations of “comparative fault” and maximizing available compensation is another aspect of the recovery process that legal counsel can provide irreplaceable help with.
Get Help With a Texting While Driving Car Accident Lawsuit From a Peoria Attorney
Texting drivers put themselves and everyone around them at risk for every second they spend focused on their phones instead of the road, and they are breaking the law on top of that. Put all that together, and you likely have very strong grounds for a civil claim — that is, if you can prove that the texting driver was the person primarily at fault for your car crash.
In the wake of a texting-while-driving car accident in Peoria, having help from a knowledgeable legal professional can make all the difference in what outcome your ensuing civil lawsuit or settlement demand has.
Call today to learn how a firm that has been locally owned and operated for over 30 years can help you. At Phillips Law Group, your consultation is always free, and you are under no obligation to work with us after this visit. Additionally, our team does not only focus on insurance settlements, but we are also prepared to take a claim to court if that is what it takes to get the maximum compensation for our clients. Don’t hesitate to reach out to our team today to learn more!
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