Drivers who text while operating their vehicles are not paying sufficient attention to the road. Distracted driving is a leading cause of car accidents, resulting in many injuries to innocent people.
If you were hurt in a texting while driving car accident in Tucson, contact a local auto collision attorney right away. Texting while driving is against the law, and the irresponsible driver is liable for your accident-related losses. At Phillips Law Group, we have been representing injured people in this community for decades, and we will fight to ensure you get the compensation you deserve.
Laws on Texting While Driving
Arizona Revised Statute § 28-914 makes it illegal for a driver to use a hand-held or free-standing communication device while the vehicle is moving. There is an exception if the device is in hands-free mode, or the driver is using voice communication.
Although the penalties for violating this statute are relatively mild, the fact that an at-fault driver was texting when they got into an accident is significant. Texting while driving is a violation of Tucson safety laws, and so it is considered negligence. A negligent driver is legally responsible for the harm their actions caused.
When the at-fault driver receives a ticket for texting while driving, the citation is sufficient evidence of negligence. When the driver does not receive a ticket, it is still possible for an attorney to prove the driver was at fault. The driver’s admissions, witness statements, video evidence, and cell phone records could demonstrate the driver was texting just before the incident occurred.
Car Accident Claims Procedure
Arizona requires anyone registering a vehicle to have liability insurance. When an accident happens in Tucson due to texting and driving, the at-fault driver’s insurance pays the losses others sustain up to the policy’s coverage limits. People involved in the accident submit their claims to the at-fault driver’s insurer.
The insurer often wants a recorded statement about the accident from anyone submitting a claim. Many people weaken their claims by making inadvertent admissions of fault. Accident victims should speak with an attorney before giving a statement. Our legal professionals can prepare a person for the conversation and help them craft appropriate responses to the insurer’s likely questions.
Sometimes an at-fault driver has insufficient coverage to pay the losses others sustain in the accident. They are personally liable for any shortfall, but if the injured person has uninsured/underinsured motorist coverage, their own insurer might cover it.
Establishing Damages in Texting While Driving Cases
An injured person must prove their losses when seeking compensation in a car accident case. Some losses are easy to prove, such as medical expenses or lost income. Receipts, EOBs, tax returns, and employment records could establish these.
A claimant is also entitled to compensation for their non-economic losses, which are changes the accident caused that had or have a negative effect on the claimant’s quality of life. An injured person could claim compensation for their physical pain, disfigurement, emotional trauma, disability, and lost enjoyment of life. Medical records, expert medical testimony, photographs, video, and statements from the injured person and their loved ones could demonstrate how the accident has affected them.
Negotiation between the injured person’s legal representative and the texting driver’s insurance company usually produces an acceptable settlement. However, when the insurer is not willing to make a reasonable offer, taking the matter to court could be necessary. Our Tucson texting while driving car accident attorneys prepare every case as if it will go to trial, which provides additional leverage against a reluctant insurer.
Consult a Tucson Attorney After a Texting While Driving Accident
Irresponsible drivers who text when they should be watching the road must pay when their conduct injures someone else. However, ensuring they are held accountable requires the services of a skilled lawyer.
Contact Phillips Law Group after a texting while driving accident in Tucson. We will work diligently to ensure you obtain reasonable compensation for your losses.
Please reach out today to schedule your free initial consultation! You are under no obligation to work with us after this visit, and you will only be charged if we are successful in winning you compensation. Give our team a call today to learn more!
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