According to the National Highway Traffic Safety Administration (NHTSA), there were roughly 400,000 peopled hurt in distracted driving accidents in the United States in 2018, and over 2,800 people lost their lives in these accidents.
Texting while driving is a negligent act, and anyone who drives while distracted may be liable for the damages that they cause. If you were involved in a texting and driving accident in Dayton, Ohio, you may be entitled to various forms of compensation from the at-fault driver responsible for the crash or his or her insurance company.
In most cases, you must be able to establish a connection between the accident, your injuries, and your resultant losses if you are to win compensation for your damages. A Dayton texting while driving accident lawyer from the Fitch Law Firm legal team may be able to help with these tasks.
Call the Fitch Law Firm today at (937) 660-4232 to discuss your rights and your legal options with a member of our team in a free, no-obligation consultation on your case.
Texting and Distracted Driving Laws
Texting while driving is prohibited in many states. Ohio Revised Code § 4511.204 prohibits the use of various handheld electronic devices to compose or read text messages while operating a vehicle.
Distracted driving includes more than texting and driving, though. It includes any action that can distract a driver while he or she is in the operation of a vehicle. Actions included in this definition are:
- Reading other materials such as books, maps, magazines, or otherwise
- Using social media
- Searching for music
- Watching videos
- Adjusting vehicle or device controls
- Eating while driving
- Applying makeup behind the wheel
- Interacting with other passengers while driving
- Engaging passengers in conversation
- Trying to control child passengers
- Handling a pet while driving
- And more
Texting and driving and other driving distractions can result in serious accidents. Some of the reasons why texting and driving is especially dangerous are because it involves three different levels of distraction identified by the Centers for Disease Control and Prevention:
- Mental distraction: this occurs when a driver’s mind is taken away from the road and the operation of his or her vehicle. Daydreaming or “zoning out” can increase the likelihood of an accident.
- Visual distraction: even if a driver is aware that he or she is driving, it can be difficult for him or her to concentrate on the road or catch sudden or unexpected changes in road conditions if his or her eyes flit between a device screen and the road ahead.
- Manual distraction: this occurs when a driver tries to multitask. A driver’s hands and mind can either be on the wheel and in control of the vehicle or busy texting and messaging—not both.
If you believe a distracted driver caused your accident, call the Fitch Law Firm at (937) 660-4232 for a free consultation with a member of our team.
Evidence for Texting and Driving Accidents
Every accident is unique, but texting and driving can lead to all types of accidents. These include front- and rear-end accidents, sideswipes, running a red light, a failure to stop in time, driving into oncoming traffic, unsafe lane changes, and delayed responses to changing road conditions. Accidents involving trucks, motorcycles, and pedestrians can also involve negligent use of electronic devices by a driver behind the wheel.
To prove a texting and driving accident case, various forms of evidence can be used, such as:
- Eyewitness statements
- Police reports
- Photographic or video evidence
- Proof of cell phone and social media use
Fortunately, you may not need direct evidence that the responsible driver was texting in order to recover compensation. If they caused your accident with a traffic law violation, such as failure to yield, proof of this may be enough to establish liability.
A Dayton texting while driving accident lawyer from the Fitch Law Firm can gather evidence in your defense when we represent you.
We can also gather evidence of the extent of your damages. Some forms of compensation—especially those involving personal injuries or medical disabilities—may require the testimony of a medical professional. We can collect this testimony when we represent you.
Compensation for Damages
Accidents caused by texting and driving often are preventable. Texting while driving may deprive passengers in the vehicle, other road users, and pedestrians and bystanders of their basic safety and wellbeing. When this happens, the at-fault driver responsible for a texting while driving accident may be held accountable for the injuries and damages that they cause. These damages include:
- Treatment for personal injuries
- Medication and surgery costs
- Assistive device and rehabilitation and therapy expenses
- Lost income
- Pain and suffering
- Vehicle and property damage
- Compensation for lost ability to work
- And more
We Are Here to Help
The Fitch Law Firm understands the sensitive nature of traffic accidents and the need for victims to have some form of closure for their traumatic life experience. An accident can forever change the course of your life, and it can be especially painful if gross negligence or driver inattention and distraction caused an accident that should have been prevented or avoided.
We are here to help you through this difficult time. A Dayton texting while driving accident lawyer from the Fitch Law Firm may be able to take on your case and pursue compensation on your behalf while you focus on healing from your injuries. We can also manage the communications, deadlines, and paperwork in your case during this time.
For a free, no-obligation consultation on your case with a member of our team, call us at (937) 660-4232. The Fitch Law Firm handles personal injury cases on a contingency-fee basis.