Texting while driving is one of the leading causes of motor vehicle accidents. Even if you take your eyes off the road for five seconds at 55 mph, it is the same as traveling the length of an entire football field with your eyes closed, according to the National Highway Transportation Safety Administration (NHTSA). Philadelphia has also banned texting while driving while a vehicle is in motion, according to PennDOT.
Despite the known dangers of texting while driving, many drivers cannot break the bad habit. If you were hurt in an accident where texting was to blame, you can bring a personal injury case for compensation. There are countless expenses that pop up after you are hurt in an accident, from medical bills, lost wages, to property damage.
One way to learn more about your rights and start taking action is to work with a Philadelphia texting while driving accident lawyer. If you are new to the legal system, it can be very confusing and hard to know whether you are taking the right approach to protect your rights.
Morelli Law Firm offers a free consultation to help you learn more about your options. If you call us, you can discuss your situation, your damages and learn whether you have a right to compensation. Get started now by calling (212) 751-9800.
Proving Liability Against Someone Who Was Texting While Driving
One of the most important tasks in your lawsuit is to prove the other party was texting at the time of the crash. This can seem difficult, especially if you were blindsided during the accident and did not know what was happening.
There are a few ways to determine and prove the other driver was sending or reading a text when the accident happened:
- Police Reports – You can request a copy of any police report prepared after the crash. The office will conduct an investigation and determine whether any traffic violations or other causes were at fault for the accident. This includes texting while driving.
- Eyewitness Testimony – If other drivers in the area happened to notice that a driver was on their phone, driving erratically, or otherwise acting distracted, it can help prove that the person who hit you was texting. Even testimony that the glow of a cell phone screen was visible from inside the vehicle can help.
- Phone Records – Another option that may be available to you is requesting phone records to see whether the driver sent or received a text at the time of the crash. This is a more complicated process that involves sending an official request to the phone company, which the other driver may try to fight.
- Accident Reconstructionist – This is a professional who specializes in recreating accidents and figuring out what happened. They have a particular skill set that allows them to inspect the scene of the accident, the vehicles involved, and other factors to figure out whether someone was texting while driving.
- Surveillance Footage or Other Videos – Depending on where your accident took place, there may be camera footage that shows what the other driver was doing at the time of the accident. An attorney can put in the work to track down these videos on your behalf.
You may need to use some combination of these tactics to prove that you are entitled to compensation. This is where working with a Philadelphia texting while driving accident lawyer can take some of the mystery and complication out of the legal process.
To learn more about the legal process and what you need to do to recover financial compensation from the person who hit you, contact Morelli Law Firm for a free consultation: (212) 751-9800.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Damages You Could Receive in Your Case
Next to proving that the other person was driving while texting, accident victims are often eager to find out how much compensation they may deserve and whether it will cover all of their expenses.
There are a few different damages that a car accident victim usually requests to be compensated for in a lawsuit.
- Emergency vehicle transportation services
- Emergency room fees
- Physical therapy
- In-home caregiver assistance
- Lost paychecks or wages
- Reduced earning capacity
- Reduced quality of life
- Disfigurement or scarring
- Pain and suffering
This list contains general examples. There could be other damages that you can claim. To make sure you receive every penny you deserve, keep good records of any expense that you think may be related to the crash. This includes invoices, receipts, explanations of benefits, and letters. Your lawyer can look over this documentation and help you figure out which expenses can be covered.
How a Lawyer Will Work on Your Case
Your lawyer will not only gather evidence on your behalf, but they will also handle multiple aspects of your case to make sure you are being treated fairly and getting the outcome you deserve.
Some of the things your lawyer will do are:
- Making sure that your case is filed on time
- Appearing in court on your behalf
- Preparing you for any required court appearances
- Helping you during your deposition
- Gathering as much evidence as possible to support your case
- Figuring out the damages that you are entitled to receive
- Negotiating with any insurance companies involved in the case
- Preparing you for each new step of the legal process
- Retaining experts who can consult on your case and testify on your behalf
- Answering your questions about your case in promptly
- Preparing for trial if necessary
Having a lawyer handle these key aspects of your case can allow you to focus on your recovery and keeping your life on track. A civil case can be time-consuming, especially if you are not always sure about how to proceed.
Get Your Free Consultation ASAP
If you are ready to pursue compensation against someone who was carelessly texting behind the wheel, you should call Morelli Law Firm now. A Philadelphia texting while driving accident lawyer may be able to take on your case and help you recover the maximum amount of compensation that is available to you. Call now: (212) 751-9800.