Texting, talking, or doing anything else with a handheld electronic device while driving is illegal throughout the state of Ohio, and as of 2023, it is also a “primary offense” that police officers can pull you over for even if you have not broken any other traffic law. Unfortunately, this still does not stop far too many drivers from looking at their phones instead of the road ahead of them, and that sometimes leads to traffic accidents with life-altering consequences.

If you have sustained injuries and damages in a texting while driving car accident in Findlay, you very likely have grounds to sue the person who hit and hurt you because they were distracted behind the wheel. If you want a good chance of getting a great result from your lawsuit or settlement demand, though, you will want help from a seasoned car accident attorney who is ready to fight tenaciously and effectively to get you the restitution you need.

Holding Someone “at Fault” for a Texting and Driving Crash

The reason why someone who was texting behind the wheel before a car wreck is usually “at fault” for that wreck in legal terms is because they violated their “duty of care.” All drivers in Ohio have roughly the same “duty” to obey traffic laws and act responsibly at all times while driving, and texting while driving violates both those rules, making it a textbook “breach of duty.” Someone who causes an injury through such a breach is legally “negligent,” and that makes them financially liable for all harm they caused anyone else to experience through their misconduct.

Of course, things are rarely that straightforward in practice with texting while driving car accident lawsuits in Findlay, as any experienced attorney could tell you. To start with, police officers do not always notice that someone involved in a wreck was texting while driving, so you may have to prove they were doing that yourself rather than just referencing a police report which includes a texting and driving citation.

Additionally, you may need to be ready to prove you were not acting negligently yourself prior to your wreck happening. Otherwise, you may miss out on some—or even all—of the money you would otherwise have been entitled to recover thanks to the “modified comparative fault” system outlined in Ohio Revised Code § 2315.33.

Recovering Fairly Within Filing Deadlines

Those are far from the only legal and procedural obstacles our skilled legal professionals could help you navigate around after a texting while driving car crash in Findlay. We can also help make sure you are paid fairly for long-term losses your accident will cause in addition to short-term ones—for example, things like future medical bills, lost working ability, and both physical and mental suffering.

Perhaps most importantly, we can help you build and then file the strongest possible claim within applicable legal time limits. In most cases, the absolute maximum amount of time you have to file a lawsuit after someone else causes a wreck by texting and driving is two years after the incident first occurred, as per O.R.C. §2305.10.

Talk to a Findlay Attorney About a Texting While Driving Car Accident Claim

Texting and driving is an extremely dangerous thing to do regardless of the circumstances, and it absolutely counts as “negligence” if it leads to an otherwise avoidable car crash. That said, knowing someone else is to blame for a texting while driving car accident in Findlay is one thing, and being able to prove them at fault for it in civil court can be another entirely.

At Charles E. Boyk Law Offices, your safety and well-being are our top priorities, and we have the legal experience and expertise necessary to help you make the most of your unique case and effectively pursue the compensation you deserve. Call today to discuss your options.

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