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Were You Hit by a Texting Driver? Now What?

Were You Hit By a Texting Driver? Now What? - Cunnane Law - Car Crash Attorney

A texting driver is a distracted, dangerous driver. Here’s what you should do if you’re in an accident caused by texting.

Texting while driving is prohibited in 48 states, with the exception of Montana, where it is still allowed, and Missouri, where it is only partially prohibited for drivers 21 years of age and younger.

The Issue with Texting and Driving

Using a navigation system, talking on the phone, reading or typing text messages, taking care of one’s personal hygiene, eating, or drinking while driving are all deemed distractions. The risk of serious, catastrophic, and even fatal injuries increases for the driver, passengers, and other road users when the driver is distracted.

The following are the top three driving distractions:

  • Manual:  Letting go of the steering wheel to text
  • Visual: Not watching the road while reading or typing text
  • Cognitive: Taking your focus off driving to think about what to text

You Were Hit by a Texting Driver; What Now?

Nobody ever plans to get into an accident, so when you learn that the person who hit you or was at fault for your car accident was texting, it can cause a range of emotions.

Just don’t take too much time defending your rights. You need to get started on these two crucial tasks right away:

  • Seek medical attention.
  • Speak with an experienced auto accident lawyer

By taking these steps as soon as you can, you help protect your rights. You want to make sure that you get the most out of any compensation you might be eligible for.

Seek Medical Attention

No matter how minor the bumps, bruises, or scratches may be, anyone hurt in a car accident needs to get medical help right away. Even if you feel uninjured, you should still go to the emergency room right away or visit your doctor the next day.

Allow a medical professional to examine you formally so they can confirm you were in a car accident and record it in your medical file, as well as any pain or symptoms you are currently experiencing.

Consult an Experienced Auto Accident Attorney

The next step is to meet with an experienced auto accident lawyer. The majority of lawyers and law offices provide free initial consultations, so speaking with one to discuss the specifics of your accident won’t cost you anything. A lawyer will question you extensively about your accident and injuries during your consultation. You can then hire a lawyer to represent your case if they decide they can assist you and if you have a strong injury claim.

Many lawyers work on contingency fees, which means that you pay them only after they secure compensation for you.

Proof that a Driver Was Texting

Once you have a lawyer on your side, you can concentrate on your recovery and returning to normal life. Your lawyer will handle the specific details of your case. They will investigate the accident to ascertain how it occurred and who was at fault. Identifying whether the driver who hit you was texting or otherwise distracted will be a part of this process.

They can prove this with evidence such as:

  • Cell Phone Records
  • There are no tire skid marks on the road
  • The Police/Accident Report
  • Statements from witnesses and passengers

The Cunnane Law Team Gets Results

Through the entire court process, we provide legal counsel and get you the outcomes you need. Don’t be unprepared when one of the top legal teams available can help. Having a skilled auto accident lawyer on your side can help your case and streamline the legal claims procedure. To arrange your consultation, get in touch with us right away.



Note: This information was provided not for any specific claim and is written in broad and general terms and may not be the right path to follow for a particular claim or case. This information is not intended to create an attorney client relationship. It is always best to receive direct legal counsel for your legal issues. It is never too early to call the attorney, but it can be too late.


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