Texting while operating a motor vehicle is a surefire way to put oneself and others at risk. A motorist who texts while driving may generally be responsible for any harm that they cause because of their distraction. Such a motorist could owe you or your loved one compensation for any injury or death that they caused through an accident.
An Anderson texting while driving accident lawyer will review the circumstances of your accident and steer you down a path towards possible compensation.
Call the team at Hammack Law Firm today at (864) 326-3333 if you or a loved one were involved in a texting and driving accident in Anderson. As our client, we will treat you as if you were one of our closest friends.
Drivers Must Exercise Duty of Care
The duty of care is a legal principle that applies in several settings, including to motorists in control of a vehicle. According to the Legal Information Institute (LII), those with a duty of care “must act in the same manner as a reasonably prudent person in their position would.” For a motorist, acting in a “reasonably prudent” fashion means:
- Not making any maneuvers that increase the risk of a collision occurring
- Driving in a defensive manner
- Ensuring that a vehicle is ready to be driven safely by checking tire pressure, securing loose objects, addressing warning lights, and other safety-related measures)
- Obeying the laws and traffic indicators of the road
- Being sober enough to drive and unimpaired by drugs
- Being in an emotionally stable state
- Refraining from texting while driving and other forms of distracted driving
Somebody who chooses to read, type, or send text messages while driving is generally not acting as a “reasonably prudent” motorist should. Statistics indicate that texting while driving is a known danger, and so those who choose to text and drive are putting others at a known risk of injury and death. By doing so, a motorist may violate their duty of care and make themselves liable for the losses that they cause.
The Dangers of Distracted Driving Are Well-Established
Texting while driving is a behavior that falls within a broader category of dangerous driving behaviors: distracted driving. There is no shortage of information detailing the extreme danger of distracted driving generally, and texting while driving in particular.
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving:
- Accounted for 2,841 traffic deaths in 2018
- Includes behaviors such as texting, drinking or eating, making phone calls, and adjusting your music or radio
- Can take your eyes off of the road for stretches of time during which an accident could occur, as your vehicle continues to travel while your eyes are focused elsewhere
Despite the known dangers of distracted driving, including texting while driving, the journal Preventive Medicine Reports
indicates that texting and driving is an alarmingly common behavior. Reading texts was the most frequently reported form of distracted driving among respondents of the survey detailed in this study. Such behaviors translate to an increased risk of crashing.
If you or a loved one’s safety was compromised by a distracted driver, then an Anderson texting while driving accident lawyer will argue your case for compensation. Call Hammack Law Firm today at (864) 326-3333 to discuss how we can assist you in seeking any compensation that you deserve.
You May Be Owed Compensation for Your Losses
The dangers of distracted driving are well known, and anybody who operates a motor vehicle should have a sense of the risk they create by texting while driving. Information about the risks of distracted driving may be generally available through:
- Courses you must take before receiving a license
- Popular culture
- Specific individuals such as your parents
- The internet
If somebody makes the decision to read or write text messages or other forms of communication while driving, they may not be able to hide behind the excuse of ignorance. Your lawyer will make the case that, regardless of whether somebody intended to injure you or not, their texting and driving put you at a foreseeable risk of injury or death.
If your lawyer makes this case, then you could obtain compensation for your losses through a settlement or judgment.
Your Lawyer Will Plead Your Case
The circumstances of every accident are different. Your lawyer will speak with you about:
- The reasons why your accident occurred
- Who is at fault for your accident
- The losses you have suffered
- The losses you could suffer in the future
- The amount of compensation that is fair based on your losses
In some instances, you could be able to collect a fair amount of compensation through an insurance settlement. Your lawyer can speak with insurance company representatives and negotiate to see if this is the case for you. If it is not, then your lawyer will fight for fair compensation through the legal process.
As part of bringing a lawsuit, your lawyer can:
- Interview witnesses for your accident
- Speak with relevant experts
- Document your injuries
- Calculate your losses
- Name all defendants in your lawsuit
- File your lawsuit
- Make in-court appearances on your behalf
- Negotiate a pre-trial settlement
- Complete a trial, if it is necessary
A lawyer can also protect your rights and look out for your best interests. If your lawyer embraces the contingency-fee compensation model, then they will not get paid for their services unless you win compensation. In other words, they have a great interest in seeing you win.
Call Hammack Law Firm Today
Hammack Law Firm embraces the small firm feel, but offers a “big firm experience.” We treat clients like family and will look out for your interests in the aftermath of an accident where you or a loved one suffered an injury.
Hiring an Anderson texting while driving accident lawyer can free you to focus on your recovery and other day-to-day responsibilities. Call Hammack Law Firm today at (864) 326-3333 for a free consultation. Do not wait, as time may be of the essence.