If you have suffered injuries in a vehicle collision that was caused by another driver who was texting while driving, you can sue him or her to recover compensation for your damages. Although suing the negligent party can be a time-consuming and stressful process, it is also the best way to ensure you are fully compensated for all the accident-related expenses you have incurred or will incur in the future.
Moreover, if you work with an attorney, the process of recovering compensation will not be stressful because they will guide you throughout the legal process and ensure the process is smooth and fruitful for you.
Proving the driver was distracted while driving
If you can prove that the driver was using their phone while driving, you can be able to establish that he or she was negligent and liable for the crash. However, proving that the driver was using their phone while driving is not easy but there are several ways to do so.
The first method is by retrieving the driver’s cell phone records. The records will show whether the driver was acting in any way during the crash or immediately before it happened. However, even if the phone shows there was activity during or before the crash, it does not automatically mean that the driver is liable for the collision.
According to cell phone regulations by the Federal Motor Carrier Safety Administration (FMCSA), truck drivers within reason may have conversations on their phones while driving as long as they don’t hold them in their hands while conversing. They can do this by activating voice-free talking and calling as well as one-touch answering to receive and make calls.
The phone records can also show that the driver accessed a social media app such as Facebook or YouTube. Such evidence can establish that the driver was distracted while using their phone and their negligence contributed to the collision.
The second method is by reviewing any footage or photo of the crash. Additionally, eyewitnesses who may have caught a glimpse inside the car before the crash and witnessed the driver using a phone can be interviewed.
Why is distracted driving dangerous?
Texting while driving has been compared to driving while under the influence because of the level of distraction it causes. Even looking down at your phone for seconds can result in a very dangerous and catastrophic accident.
For instance, according to the National Highway Traffic Safety Administration (NHTSA), looking at your phone for 5 seconds to text while driving at a speed of 55 mph prevents you from seeing the road for almost the length of a whole football field. That is very dangerous and leaves you and the other road users at risk of getting into a traffic accident. Drivers should avoid using any electronic devices in any manner while driving.
In conclusion, you may have reason to sue a driver who caused your accident if they were texting while driving a truck. Distracted driving is a very dangerous activity because not only does it distract you visually but manually and cognitively as well.