Wednesday, July 17, 2019

Texting and Driving Auto Accidents Becoming a Common Lawsuit


Male driver texting, female passenger beside him

The traditional method of handling an insurance claim because of an auto accident has recently been challenged with such a high number of texting and driving incidents occurring on a daily basis. If you were in an accident that was caused by another driver who was texting, you may be eligible to receive more than a typical insurance claim would pay out.

To compensate for a lack of payout from an ordinary claim, a personal injury lawsuit can be filed. This means that a driver’s negligence would be determined as the cause of an accident and that stems from the act of texting while driving. Proving negligence may sometimes be difficult, although a qualified auto accident lawyer will know how to steer the lawsuit. There are also several reasons why texting and driving is considered highly dangerous and could award plaintiffs a handsome payout. Those reasons are as follows:

•    Sending a text while driving keeps a driver’s eyes off the road for about 100 yards
•    Texting and driving upgrades the likelihood of an accident by 23 times
•    Drivers who text are more likely to cause an accident when compared to drunk drivers
•    Texting and driving slows down a driver’s brake reaction time by 20%

Almost one-fourth of all accidents are now caused by texting and driving. Some are minor accidents while others could result in lifelong disabilities and even catastrophic circumstances. While teenagers are more likely to text and drive, there are no age exemptions.

Texting while driving is illegal in 47 states with restrictions in two other states, leaving Montana as the only state where it is legal. It is considered a form of negligence as it automatically puts all other drivers in a dangerous situation. Drivers are responsible to be on the lookout for the safety of other drivers. This is legally defined as a duty of care.

Negligence will also cause the guilty party to be liable for damages incurred by victims. That means those who are affected by the accident are likely to be awarded compensation. It could amount to a rather large payout as courts have shown a lack of leniency towards those who text and drive.

It is important to seek out a qualified personal injury lawyer Columbia that will be able to prove that kind of negligence. Contact the legal team at LEIP Law for texting and driving auto accidents in Columbia, SC.

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