Protect Your Rights After a Distracted Driving Accident

5 min read time
Man texting while driving

Eyes on the road—that’s the first lesson a driving instructor will tell you. The road is filled with dangers and obstacles that are almost impossible to avoid if you aren’t being careful and observant. In modern times, we also have a new, additional distraction: our phones. When someone is texting while driving, they divert their attention from the road and put themselves and others at risk of serious consequences.

If you were in an accident because another driver was texting and driving, you may be entitled to compensation. A texting and driving accident lawyer at Morgan and Morgan, America’s largest personal injury law firm, can help to fight for the full and fair compensation you deserve. Such compensation can be used to cover associated expenses, such as medical bills, vehicle repairs, and more.

You shouldn’t have to pay for someone else’s negligence. Contact our law firm today to schedule a free case evaluation if you are in need of a texting and driving accident lawyer.

 

Texting and Driving Accidents Can Be Devastating

When someone is texting and driving, they take their eyes off the road. Typically, they believe they will look up soon enough that there will be no danger. Unfortunately, a second too long could have fatal consequences.

Because these accidents result from looking away from the road, certain types of accidents are more commonly associated with texting and driving.

Sideswipe Accidents

Even if unconsciously, you are constantly making minor adjustments to stay in your lane. This is because no road is perfectly straight, and cars aren’t aligned perfectly, either. Without making these constant adjustments, you would veer slightly into another lane or off the side of the road.

When drivers take their eyes off the road, they stop making those adjustments and are likely to slide into another lane. The longer they look away, the more they can veer. This can cause a sideswipe accident where the side of the other driver’s vehicle connects with the side of your vehicle.

Typically, these accidents aren’t too serious, but because the collision comes from the side, there is a good chance you or a passenger in your car will suffer a head injury from slamming into the near window.

Head-On Collisions

A sideswipe accident typically happens when a car swerves into a lane of traffic traveling in the same direction. But if that same car veers into a lane moving in the opposite direction, that will likely cause a head-on collision.

This is one of the worst types of collisions because the speed of both vehicles combines. Even if you are both traveling at low speeds, the combined speed becomes quite high and can result in serious injuries.

Rear-End Collisions

Another common type of collision is a rear-end collision. This usually occurs when the distracted driver fails to realize that the traffic in front of them has come to a stop. Instead of hitting the brakes, they plow directly into the car ahead at full speed.

Often this will cause a multiple-car pile-up if there is a long line of stopped cars, like at an intersection. You will likely suffer whiplash injuries if your vehicle is struck from behind. This type of injury may mean facing a lifetime of back pain or nerve damage.

 

What to Do After a Texting and Driving Accident

If you have been involved in an accident, one of the first things you should do is contact a texting and driving accident lawyer from Morgan and Morgan. Texting and driving is a serious offense in most states, and if you have been severely injured, you are likely eligible for significant compensation.

But most likely, you won’t get more than a fraction of what you deserve if you aren’t represented by a texting and driving accident lawyer. Insurance companies are not obligated to explain your rights or protect their interests. And unfortunately, state laws usually provide minimal protections.

The only way to safeguard your rights is through the help of an experienced attorney. From the moment you contact our law firm, we will guide you through the process to ensure you get the maximum possible compensation.

Our priority will be to ensure your safety. If you didn’t contact emergency services before contacting us, that should be the next thing you do. Many car accident injuries are more serious than they appear at first glance. If you don’t get immediate medical attention, you could endanger your life.

Even if your injuries aren’t life-threatening, we will need you to document them. We can only get you money from the insurance companies if we have proof of the severity of your injuries. And the earlier you get medical attention, the sooner those injuries are documented.

Contacting emergency services has a second benefit. In addition to dispatching medical services to your location, the 911 operator will also dispatch a police officer. The police officer will document the accident scene and hopefully discover that the other driver was texting while driving. Having that information in a police report makes it easier for us to get you money.

Another thing you should do while at the accident scene is share your contact information with the other drivers involved in the accident. This is required by law and also helps us gather evidence for your case. When collecting the contact information of other drivers, take pictures of the following:

  • License plates of all cars involved in the accident
  • The driver’s license of any drivers involved
  • Registration documents
  • Insurance cards

By taking pictures of these documents, you ensure that you don’t accidentally write something down wrong. You can also take pictures of the condition of your car or any injuries you suffered. This will help us with your case.

 

How to Avoid Texting And Driving Accidents

The main thing you can do to avoid a texting and driving accident is to never text and drive. If you receive a text while driving or need to text someone, pull over at a safe location, stop your car, and then deal with the text. This is the safest way to text while in a car.

Alternatively, if your phone has voice controls, you can potentially send a text or listen to a voice version of a text while driving. If you do this, make sure to keep your eyes on the road the entire time and slow down while doing it. You should only do this on occasion because it is still distracting, and hands-free devices aren’t legal everywhere.

However, just because you are safe when dealing with texts while on the road doesn’t mean everyone else is. The other major threat while driving is that another driver might be texting and driving.

Unfortunately, you can’t prevent someone else from being reckless. But you can potentially identify a threat and take defensive actions to prevent that person from harming you and your passengers.

While driving, keep an eye out for any driver who is holding a phone. If you see someone holding a phone, you should typically assume they are texting. Maybe they are just speaking on the phone. But even then, they are probably a bit distracted.

By assuming they are texting, you know you are potentially in danger. Give the driver plenty of space and watch for unexpected swerving or changes in speed. Even better, if you can, take an alternate route or pull over to the side of the road and let them move away.

You should be similarly wary if you see anyone constantly looking down or taking one of their hands off the wheel and doing something below the dashboard. This probably means they are texting. And even if they aren’t, they are likely doing something that distracts them from the events on the road.

 

How Much Does It Cost to Consult With a Texting and Driving Accident Lawyer at Morgan & Morgan?

Your initial consultation with one of our texting and driving accident lawyers is completely free. Even if you don’t decide to retain our services after we have discussed your case and explained your options, we won’t charge you for the meeting.

 

Is It Legal to Text and Drive in Any State?

There are two states where it is legal to text and drive. In Montana, anyone can text and drive, and in Missouri, anyone over 21 can text and drive legally.

However, just because it is legal doesn’t mean the driver isn’t liable for an accident. If texting and driving results in the person looking away from the road and causing an accident, they are still liable, even if texting is legal.

The only difference is that your texting and driving accident lawyer will have to do a little more work to prove the other driver was responsible.

 

Can I Receive Punitive Damages in a Texting and Driving Accident?

The answer to this question will depend on the circumstances of the accident, including what state you are in. Every state has different rules for when you are eligible to receive punitive damages.

However, you can generally receive punitive damages if you were severely injured and the other driver acted recklessly. Since texting and driving is illegal in almost every state, it is relatively easy for your accident lawyer to prove that the other driver was being reckless.

 

Can Morgan and Morgan Help Me if I Get Into a Texting and Driving Accident in a State Where I Don’t Live?

We are the largest personal injury law firm in America, with offices across the country. Many other law firms that are licensed to practice law in the state of your accident would require you to either travel to speak to a lawyer directly or to contact your lawyer by phone or online. This can make personable service hard to get.

Our difference is that we have offices in every state in the country. Thus, you can have face-to-face conversations with an attorney that is fully informed about your case, while a lawyer that works in the same state as where your accident happened will handle your case.

 

Finding a Good Lawyer After a Texting and Driving Accident

When the unexpected happens and a legal issue arises, you can call on the nation’s largest personal injury law firm. Morgan and Morgan has been fighting for victims’ rights for over 35 years and has recovered over $20 billion in compensation. We have the size, reputation, and experience required to battle even the largest of opponents.

If you have been seriously injured due to another driver’s negligence, you may need a texting and driving accident lawyer to help you get the money you need to recover quickly and move forward with your life. 

Contact Morgan and Morgan as soon as possible after an accident to schedule a free case evaluation and learn more about how we can fight for you.

Disclaimer
This website is meant for general information and not legal advice.

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