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Texting and Driving Car Crashes in Colorado Springs
Colorado Springs Texting Car Accident Law Firm
Here’s how to get the most money for your injuries caused by a texting and driving accident. Create a solid personal injury case and negotiate a reasonable insurance payout.
The most deadly kind of driver distraction is texting while driving.
The National Highway Traffic Safety Administration (NHTSA) estimates that 6% of all drivers involved in fatal crashes were distracted.
The usage of hand-held mobile phones is greatest among drivers aged 15 to 29. Since 2012, female drivers have been involved in more distraction-related accidents than male drivers in that age bracket. ¹
More than 480,000 drivers use their cell phones while driving every day. All of those mobile phones pose a significant risk of injury and death to drivers, passengers, and others on the road. 2 Negative Consequences of Texting While Driving.
Drivers of all ages underestimate the length of time it takes for an car collision to occur. In the five seconds it takes you to read a text message; your car will have gone the length of a football field at 55 miles per hour.
Collisions may happen in three seconds or less. The few seconds it takes a motorist to send a text is all it takes for the driver, passengers, or occupants of another car who are wounded or killed in the accident to suffering catastrophic effects.
TEXTING HAS THREE CONSEQUENCES FOR DRIVERS:
MANUAL DISTRACTIONS: While texting, drivers shift their focus away from the road and remove one or both hands from the steering wheel.
VISUAL DISTRACTIONS: Texting diverts attention away from the road. Drivers who are texting are not watching where the car is going. While reading or sending text messages, drivers often move out of their travel lane. It takes a few seconds for your brain to detect the difference when you return your focus to the road. There’s plenty of time for a collision in those few seconds.
MENTAL DISTRACTIONS: It’s not enough to look up while texting. While chatting or texting on their phone, even drivers who are facing straight ahead have “inattention blindness.”
Texting while driving is illegal in most jurisdictions, and many states have extra limitations for young or inexperienced drivers.
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CELL PHONE USE AND TEXTING WHILE DRIVING LAWS IN YOUR STATE | WHO IS RESPONSIBLE FOR YOUR INJURIES?
A texting motorist is legally liable, which means they are accountable for the injury they create.
In the United States, everyone has a duty of care (responsibility) to take reasonable precautions to prevent harming others. This responsibility applies to everyone who is behind the wheel of a car. Every driver is responsible for the safety and well-being of their passengers as well as other road users.
Texting while driving is a risky practice that deviates from the driver’s duty of care. Negligence is the result of such a violation of duty. When a driver’s carelessness causes an accident, he or she is held accountable for the losses inflicted on others. The following is how it works:
Texting while driving endangers other individuals. Failure to keep an eye on others is a violation of the driver’s legal duty of care.
A motorist is negligent if they violate their duty of care by texting while driving.
When a texting driver causes a car accident, they are accountable for the losses suffered by the accident victims, and accident victims are entitled to reimbursement for damages directly caused by the collision.
TYPES OF DAMAGE
Property damage claims and bodily injury claims are the two types of claims that insurance companies payout on. Most insurance companies will assign two distinct claims adjusters to each claim if you submit both types of claims.
Repair charges for your car, or the car’s fair market value if it’s a complete loss, as well as the cost of a rental car while your car is in the shop, are all considered property damages. Personal things such as spectacles and clothes are also covered under property damage coverage.
Medical and dental expenditures, out-of-pocket expenses, lost earnings, and pain and suffering are all examples of personal injury damages.
Texting while driving accidents may result in catastrophic and frequently deadly consequences. What if the at-fault motorist is a kid or a jobless college student? How are you going to be compensated?
Don’t accept anything less than the best. For catastrophic injuries or wrongful death lawsuits, there may be many forms of compensation available. Before giving away your rights, consult with a personal injury attorney.
INSURANCE THAT IS NOT BASED ON FAULT
If you reside in a no-fault insurance state, regardless of who caused the accident, each motorist must first seek reimbursement from their insurance. Your medical expenditures will be paid up to the amount of your Med-pay or Personal Injury Protection (PIP) coverage. Pain and suffering are not covered by no-fault insurance.
Injured passengers may normally file a bodily injury claim with the driver’s insurance company in a no-fault state. As you would with your own insurance business, you must work with the insurance company.
When medical bills exceed the PIP coverage limit or the victim’s injuries satisfy the state’s “severe injury threshold,” most no-fault jurisdictions enable injured plaintiffs to seek reimbursement from the irresponsible driver’s insurance carrier.
LIABILITY STATES IN THE PAST
If you are not in a no-fault insurance state, your initial compensation claim will go to the at- fault driver’s insurance company.
- The driver of the car that was struck Injured passengers from either car
- Pedestrians or bicyclists injured by the texting motorist
- The estate of a person killed in the accident may file a liability claim against the irresponsible driver.
- An attorney who represents the wounded individual or their estate may also file a claim.
COMPENSATION FROM OTHER SOURCES
Although anybody may make a car insurance claim, not everyone can locate alternative financial resources that may be required to pay catastrophic injuries or wrongful death. You’ll need the help of an experienced personal injury lawyer to get further compensation. Before your lawsuit is resolved, your attorney might do an asset check on the at-fault motorist.
Teenagers aren’t the only ones who text while driving. Surprisingly, the higher the income level, the more likely a person is to text while driving.
Even if they are residing on campus while attending school, the at-fault motorist may be covered by other insurance policies at their principal home if they are a teenager or college students.
Teen drivers with dual custody of their parents are often considered residents of both families. Your lawyer may be able to get liability coverage from both of your parents’ insurance policies.
The at-fault motorist may have “umbrella insurance” or be a member of a family covered by one. Umbrella plans are intended to cover substantial liability claims that exceed the limits of a person’s car or homeowner’s insurance coverage.
Finally, your attorney will check your household’s car insurance plans for underinsured motorist coverage.
INSURANCE CLAIMS THAT WORK POSSESS SOLID PROOF
The insurance company for the other driver’s insured will not pay your claim unless you can show that their insured was at fault in the collision. Most of the time, it’s up to you to back up your assertion with solid proof.
EVIDENCE FROM THE CRASH SITE
Call 911 to report the accident and request assistance. Inform the dispatcher that you are injured and that you know of anybody else who could be hurt. Describe your position and inform the dispatcher if someone is trapped or if the situation is dangerous.
Never deny medical assistance on the spot. If you aren’t sent to the hospital right away, schedule an appointment with a doctor the same day.
Refusing or delaying medical care might jeopardize your compensation claim. The adjuster will deny your claim without hesitation, who will argue that the collision did not cause your injuries.
If you or someone else can assist you, ask them to take photos and speak with possible witnesses.
Pictures and videos: Using a smartphone camera or another device, take as many photos as you can. Photographs are a powerful kind of evidence. They may reveal the collision site, skid marks, and any stop signs or traffic signals that the driver failed to see while texting.
Photographs of the driver’s mobile phone and open alcohol containers are very powerful proof. The at-fault driver’s admission of the blame for the accident might be captured on video with sound.
STATEMENTS OF WITNESSES
It’s possible that police won’t have enough time or manpower to talk with all witnesses or get their complete testimonies. On the other hand, witness accounts are critical, particularly if the witness witnessed the driver texting just before the collision.
Admissions made against one’s will are highly strong proof of wrongdoing. Strong proof comes from witnesses who claim they heard the driver say things like “I was on the phone with my girlfriend” or “I was texting my mother.”
According to police accounts, policemen are taught to investigate accidents. The police will guard the area and provide medical treatment for the wounded. The investigating officer will interview the drivers and those involved in the accident.
If you have any cause to suspect the other motorist was using a cellphone, inform the police and in most places, texting while driving is illegal.
The officer will write an official police traffic accident report when the inquiry is completed. The report will contain information on the drivers, collision site diagrams, witness accounts, tickets issued, and the officer’s view of blame. When evaluating culpability, claims adjusters take police reports extremely seriously.
CONTINUE GATHERING PROOF FOR YOUR CLAIM MEDICAL FILES
Medical bills and treatment records might be used to connect your injuries to the accident. Your medical expenditures will account for a significant portion of the value of your claim. Save track of your miles for medical and therapy visits and keep receipts for any out-of- pocket spending.
Wages lost: Request a statement from your employer detailing your missed pay as well as any vacation or sick time used during your rehabilitation.
Write down all you remember about the accident day, how it occurred, and what happened after that. Keep thorough notes on your discomfort, physical limits, sleep issues, disturbing nightmares, and anything related to your injury during your recovery.
Your diary will provide persuasive proof of your suffering.
RECORDS FROM CELL PHONES
Even if the driver’s parent paid for the at-fault driver’s mobile phone service, your attorney might request copies of the at-fault driver’s cell phone records on the day of the accident. Phone records may be proof that the driver was texting at the time of the accident.
ASSIST IN INCREASING YOUR COMPENSATION
You may not need an attorney if you’re fortunate enough to walk away from a car accident with good compensation. You may usually negotiate a decent settlement directly with the insurance company if you’ve completely healed from soft-tissue injuries like bruising, small cuts, and muscle or tendon sprains.
The sum of your medical costs, out-of-pocket expenditures, and lost income will be your compensation. If you aren’t submitting a no-fault claim, you may add one or two times that amount for pain and suffering.
Hard injury claims, on the other hand, are a different situation. Hard injuries need a lengthy healing period as well as costly medical treatment. Broken bones, severe brain injuries, spinal cord injuries, internal injuries, and other serious injuries are all possible.
The insurance adjuster is not your buddy, no matter how sympathetic they seem. Adjusters are trained to safeguard the profits of the insurance company, not your family’s financial future. They know you won’t have the energy or legal skills to fight for additional money when they make their “last offer.”
Get the assistance you need to fight for a fair settlement. Finding out what a competent personal injury attorney can accomplish for you is free.
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