Texting is a communication method that has likely become the most popular way to reach out to friends and family members. However, texting while driving is a dangerous activity that a can lead to serious car accidents. When this happens, it is essential to understand why you are liable and how to defend against this kind of case.
Texting While Driving Is Often A Crime
Texting while driving requires the kind of concentration most people cannot handle. While many likely think they are "good'" at texting while driving, there is a chance that they are an accident waiting to happen. That's why it is illegal to text and drive in 47 states. And if cases of people dying in texting-related accidents like these increase, it is likely that the number of states banning this act will just go up.
Liability Almost Always Falls With The Texter
In most cases of this type, the accident liability will fall on the person who is texting. There are a few reasons for that. First of all, in a state with anti-texting laws, simply texting while driving is a criminal act. This means the person driving was in the middle of a crime and is, by extension, liable for the accident.
Even in states where texting and driving is not against the law, most courts will blame the person texting because they are driving while distracted. It is a negligent act that shifts liability heavily in their direction and makes it likely that they will get sued for a lot of money.
However, Many Laws Are Hard To Enforce
One problem with anti-texting-and-driving laws is that they are often very hard to enforce. It is difficult to prove that a person was texting at the time of the accident. It is often a case that hinges on the differences in stories between the plaintiff and defendant. However, an increasing number of states and courts are allowing the use of text messages in a criminal and civil case.
In fact, there is a strong chance that this may be a necessary action in a case such as yours. Otherwise, it will rely on difficult eye-witness testimony that can be hard to verify and prove. One person may claim to see somebody texting while other claims they weren't. That's why it is important to know as much about cases like this as possible.
It is also crucial to talk to a car accident liability attorney. They understand the difficulties of these cases and know how text messages can be used for or against your case. Make sure to talk to them right away and learn more about your rights. Contact a car accident attorney for more information and assistance.
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