Sending a text or checking your phone should wait until after you have finished driving and parking the car. Distracted driving via texting is quickly rising to be one of the most common causes of car accidents, causing one out of every four crashes in the U.S.
If you have experienced a car accident involving texting while driving, you might be wondering what steps you can take toward your legal and financial recovery. But the judicial system is not easy to navigate without support from an experienced personal injury attorney. A Findlay texting while driving car accident lawyer could provide guidance for your case. Reach out to discover your potential options with a consultant near you.
For a plaintiff to recover compensation from the damages of a collision, they must determine who was negligent in the accident to decide whom to file a claim against. A Findlay legal consultant can help conclude who is at fault and which principle of negligence applies to your case.
Negligence is a legal theory developed to address civil liability issues. It applies when one party unintentionally commits a tort, or a wrongful act that could lead to civil liability, resulting in harm to another party.
The courts have decided that four elements must be proven to show a defendant is liable for a negligence violation. These elements are duty, breach, causation, and harm. A Findlay texting while driving a car crash lawyer would have the burden of proving that the defendant breached their duty of care to drive safely, and ultimately caused the plaintiff harm because of the breach.
In negligence per se cases, on the other hand, the plaintiff does not have the burden of showing that the defendant breached their duty of care. The plaintiff only must prove the defendant committed an act that violates a statute.
For example, if a defendant violates Ohio Revised Code §4511.204, a traffic law that forbids texting while driving, the plaintiff could use that as evidence that the defendant was negligent per se. The duty would then lie upon the defendant to provide evidence rebutting their negligence.
A texting while driving car accident attorney in Findlay could help prospective plaintiffs seek economic, property, and noneconomic damages that they may have suffered as a result of the accident. Medical bills and other out-of-pocket expenses are commonly referred to as economic damages. Property damages could include repair costs to the vehicle or personal property that was damaged in the wreck, such as a broken watch. These damages are typically straightforward and could be proven with documentation.
Noneconomic damages compensate plaintiffs for the emotional losses that they have suffered. Loss of enjoyment of life and pain and suffering are examples of these losses. Juries usually compare a plaintiff’s case to other similar situations in the jurisdiction to determine a noneconomic award that is appropriate.
Texting while driving could be hazardous and put everyone inside and outside of the car at risk. Suffering an injury as a result could lead to all kinds of legal challenges.
Overcoming legal challenges on your own might not be feasible against the relentless defense firms and insurance companies creating obstacles to your recovery. A Findlay texting while driving car accident lawyer could help you break through those barriers and fight for your claim to the compensation you may be entitled to. Start discovering your potential case by calling today to schedule a consultation with an attorney.
Charles E. Boyk Law Offices, LLC