Texting While Driving Accidents
Although the technological ability to send (or read) a text message while operating an automobile has only been around for the last 10 to 15 years, the concept of distracted driving is nothing new. Careless drivers have been focusing on things other than the road – the radio, a conversation with a passenger, or their own reflection in the rearview mirror – for a long time. Still, texting while driving accidents are in a category of their own when it comes to the frequency (as many as one in four accidents nationwide) with which they occur. Knowledgeable Foley car accident lawyer Whit A. Thomas has seen the evolution of distracted driving accidents over the years and can help you seek to hold a negligent motorist responsible for injuries suffered in a texting while driving crash.
Lawsuits arising from a distracted driving crash, like other car accident cases, are based on the law of negligence. This area of law requires the claimant to prove four elements by a preponderance of the evidence. These elements are duty, breach of duty, causation, and damages. Establishing the duty element is typically a question of law that may require reference to a particular statute or existing case law. For example, a driver generally has a duty to keep a proper lookout in Alabama. If this duty was breached by the defendant’s choice to send or receive a text message rather than focusing their attention on the road, the plaintiff likely will be able to establish liability if they can show that the defendant’s texting caused the crash.Damages Available Under Alabama Law
When a person is injured in a texting while driving accident, they may recover damages for past and future medical expenses, lost wages and loss of future earning capacity, property damage, and pain and suffering, among other items. It may be helpful to introduce testimony from medical experts, vocational rehabilitation specialists, or others who can explain the scope of the victim’s injuries and their likely impact on the victim’s life.
A claimant’s own negligence may prevent their ability to recover compensation in Alabama. This is because of a doctrine known as the “contributory negligence rule,” which is followed by just a handful of states. Thus, it is important to enlist an attorney who will fully investigate and aggressively litigate each detail of a texting while driving car accident case to counter defense strategies and increase the chance of a favorable outcome.Hire a Skilled Foley Lawyer Following a Texting While Driving Accident
Alabama law forbids texting and driving, but it still happens. Far too many drivers are willing to take the risk, and innocent people end up paying the price. If you or a loved one has been hurt in a texting while driving accident, Foley attorney Whit A. Thomas can help. For a free consultation with a motor vehicle collision lawyer, call our offices at (251) 943-9330 or contact us online and ask for an appointment to discuss your case. Whit A. Thomas represents people throughout Mobile, Escambia, and Monroe Counties, including in Fairhope, Daphne, Gulf Shores, Mobile, Altmore, Monroeville, and Baldwin.