Texting while driving has become increasingly common as people continue to favor communication using their thumbs and electronic keypads over traditional voice-based conversations. However, most drivers are unaware of how the courts and insurance companies view injuries sustained while texting and driving.
If you are accused of texting while driving after an accident or if you suspect someone else’s texting while driving caused your accident, contact our Chicago personal injury attorneys for assistance. This is your inside look at whether injuries sustained while texting can be claimed.
Texting While Driving From a Legal Angle
The law states it is illegal to text while driving. If you are injured in an accident where another driver was texting just prior to the crash or at the time of the crash, you can claim your injuries. However, if you were the one driving the vehicle at the time of the crash and it is proven that you were texting before or at the time of the collision, your claim might be denied.
The possible exception is if the opposing driver was also texting at the time of the crash or otherwise acting negligently. Negligence is a term used by Chicago personal injury attorneys in reference to the failure to provide due care.
Texting Someone Who is Driving
Though some might insist it is unjust, legal actions in recent years indicate that those who transmit texts to someone they know is operating a motor vehicle might be held liable. The little-known truth is simply texting a driver when aware that that individual is driving can lead to legal liability for causally related damages. In such an instance, the driver might be permitted to claim injuries suffered while behind the wheel if it is determined the texter acted negligently.
Whether you were driving at the time of the accident or texting someone, you will need guidance to navigate the legal maze and maximize your chances of obtaining compensation. Our Chicago personal injury attorney is here to help every step of the way, both in and out of court.
What Do the Courts Say?
There is solid legal footing for making texting while driving in Chicago an illegal act. Several rulings in Illinois and other states have declared it illegal to text or even draft texts while operating a motor vehicle.
There is also a legal precedent for finding non-driving texters liable for accidents. As an example, the Kubert v. Best verdict in 2013 determined the transmitter of a single text message can be found legally liable for an accident if it occurs as a result of texting. The caveat is that the sender must be aware that the driver will likely read the text and be distracted from safe vehicle operation.
How Do Attorneys Prove Texting While Driving?
The challenge of proving one’s texting is causally related to an auto crash and subsequent injuries requires the collection and analysis of evidence. Texting records can be obtained from telecommunications companies. Aside from accessing phone records from wireless providers, attorneys can also access video footage from traffic cameras and other surveillance cameras.
Testimonials from eyewitnesses can also be used as evidence in court to prove someone was texting while driving. If it is proven you were texting while driving, your claim for injuries sustained during the accident will likely be denied.
Learn More During a Consultation With Our Chicago Personal Injury Attorneys
An injury suffered in an auto accident has the potential to dramatically change your life. Even if you were using your phone while driving, the right attorney can help you obtain compensation for your injuries and other damages.
Reach out to us today to schedule a consultation.