Some drivers don’t realize how dangerous texting while driving is until an accident happens. If you suffered injuries because of a texting driver in Columbus, don’t wait to get help. The other driver is likely responsible for your accident costs.
At John Foy & Associates, we can take action on your behalf. Our lawyers have over 20 years of experience and success. We know how to fight for what you deserve. To get started with a free consultation, call (404) 400-4000 or contact us online.
Can You Sue Someone for Texting and Driving?
Texting while driving is illegal under the hands-free law from the Georgia Governor’s Office of Highway Safety.
So, if a driver who was texting caused your accident, you can sue the driver for your damages. You must show that:
- The driver was texting while driving.
- The driver’s texting led to your accident.
- You suffered injuries and other damages from the accident.
All drivers have a duty of care on Columbus roads. If a driver is not careful, the legal term is negligence. You must prove the driver’s negligence (which, in this case, would be texting while driving) led to your accident.
Filing a Claim vs. Lawsuit
Before filing a lawsuit against the driver, you can file an insurance claim.
Your claim will seek compensation from the driver’s insurer for your accident costs. You’ll send a demand letter requesting a settlement for your damages.
If you reach a settlement, you’ll receive the agreed-upon money. But if you cannot settle, your next step might be a lawsuit.
An experienced lawyer can help you know what to do. Whether you file a claim or lawsuit, it’s best to consult with an attorney first.
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What Happens If Someone Causes an Accident While Texting?
If someone’s texting causes an accident, they are liable for the costs. But if you were injured, it’s on you to bring a legal claim.
Before filing a claim, you’ll need to gather information and build a strong case. There are ways to prove someone was texting and driving right before an accident. It’s best to work with a lawyer who has experience with these types of cases.
Our Columbus texting while driving lawyers gather evidence by:
Obtaining Cell Phone Records
We can help you get the driver’s phone records. We’ll look at the driver’s activity before and during the accident. The actual text messages or phone call logs might tell us additional information.
Getting a Copy of the Police Report
After someone causes an accident, they should call the police according to OCGA §40-6-273. When the officers arrive, they’ll create an accident report with some details about the crash.
You will need a copy of this report for your records. The report might state that the other driver was texting or at fault in some way.
Talking to Eyewitnesses
Eyewitness testimony can be powerful for an injury claim.
Witnesses can be:
- Other drivers
The police will get statements from witnesses at the scene. However, it’s best to speak with witnesses on your own, too.
Get witnesses’ names and contact information. Your lawyer can contact them to get supportive statements.
Sometimes, an accident is captured on video footage like:
- Traffic cameras
- Business surveillance cameras
- Police dash cams
- Cell phone cameras of witnesses
Through a video, you might be able to prove the driver was texting.
Reconstructing the Accident
In some cases, a lawyer will call for accident reconstruction. Experts will recreate the accident to determine what happened.
There are many essential steps to take when building a case. Contact a lawyer today to make sure you’re on the right track.
At John Foy & Associates, we can help you get started as soon as possible. To learn more about seeking compensation, call (404) 400-4000 or contact us online for a free consultation.
What You Should Do After Your Accident
Your actions after the accident can make a huge difference. Even before you talk to a lawyer, you can help build your case.
Call the Police
Call 9-1-1 to report any accident with:
- Property damage of $500 or more
You might not know your full damages right after an accident. For example, some injuries take time to show up. You might not even realize you’re injured until hours later.
It’s best to call the police after an accident. If officers ask whether you’re injured, and you’re not sure yet, just say you’re “not sure.” Avoid saying “no” in case you have injuries that worsen with time.
Also, ask the police how to get a copy of the accident report. You will need this for your records.
Document the Accident
The police will document some of the accident, but that’s rarely enough. It’s best to gather your evidence from the scene if you can.
If you are too injured to document what happened, talk to a lawyer. Your lawyer can investigate the scene and save relevant information.
You can document the accident by:
- Photographing your injuries
- Taking pictures of vehicle damage and the surrounding scene
- Getting the names and phone numbers of witnesses
Don’t be afraid of documenting too much. Your lawyer can let you know what’s most important when you contact them.
Get Medical Treatment
See a doctor as soon as possible after the accident. Even if you feel okay, have a medical professional evaluate you for injuries.
Do this because:
- Seeing a doctor creates a record of your injuries.
- You’ll have a better idea of your treatment needs.
- You’ll protect your compensation rights.
If you wait to get treatment, the insurance company might question your claim. The adjuster may say you aren’t hurt as badly as you’re claiming.
It’s best to get a medical exam immediately after any car accident.
Talk to a Lawyer
Speak with an experienced attorney who can help you with all of the above (and more).
If you contact our firm, we’ll get you started with a free, no-risk consultation.
Speak with a Columbus Texting While Driving Accident Lawyer for Free
After a texting while driving accident, get the legal help you need. Call John Foy & Associates for a free consultation. Call us at (404) 400-4000 or contact us online today.
706-400-4000 or complete a Free Case Evaluation form