The Centers for Disease Control and Prevention (CDC) research reports that distracted driving includes texting while driving, and causes thousands of accidents on the roadways in the United States every year. If you suffered injuries as a result of a car accident where another driver was texting while driving, learn how a texting while driving accident lawyer can help you with your case. Call Ben Crump Law, PLLC at (844) 730-0233 for a free case evaluation.
Texting While Driving
In the past two decades, cell phones have become a fundamental part of most American’s daily lives. Many people have developed addictions to their cell phones and feel withdrawal when they do not check them consistently for text or social media updates. This is even more present within younger generations as they grew up not knowing anything other than this tethered connection to electronics. Unfortunately, as a result, research from the AAA Foundation for Traffic Safety determined that over 50% of teenagers use a cell phone while they drive their car, and a quarter of teenagers in the United States admit to sending text messages from their cell phone while they operate a motor vehicle.
Injuries Resulting from Texting While Driving Accidents
Texting while driving is simply a form of distracted driving, and accounts for thousands of injuries and deaths on the roadways in the United States every year. While every accident involving texting and driving will have its own set of facts and circumstances, the injuries that victims suffer as a result of a driver that makes the decision to text while driving are often catastrophic or deadly. Texting and driving is distracted driving, and therefore, the other driver has essentially diverted their complete attention from the roadway.
As a result, the accidents can involve swerving into another lane or even hitting another vehicle in a head-on collision. No matter the actual type of car accident, if another driver collides with your car while texting and driving, you may suffer serious injuries as a result. Some of the injuries resulting from a texting and driving accident may include:
- serious traumatic brain injuries
- spinal cord injuries resulting in paralysis
- nerve damage
- amputations
- aortic dissection
- broken or fractured bones
- internal organ injuries
- bleeding
- burns
- bruising
- lacerations
- death
Determining Liability in a Texting While Driving Accident
If you suffered injuries as a result of a car accident, an insurance company will likely start an investigation to determine liability and make determinations regarding your injury in order to offer a settlement amount for your injuries and losses.
In many cases, a police officer at the scene of the accident will interview other drivers as well as witnesses to make determinations regarding liability. The police report may indicate that there was evidence that one driver admitted to texting while driving and therefore, caused the accident. The insurance company will conduct its own investigation and likely use information obtained in the police report.
Negotiations with Insurance Companies
As the insurance company makes determinations regarding liability and settlement amounts for victims, they may attempt to use manipulative and deceptive tactics in order to reduce those settlement amounts that they offer to victims. Insurance company negotiations between insurance adjusters and victims can prove sharply adversarial, as insurance companies remain skilled at attempting to use strategies that distort the accident or the victim’s injuries. Some of the types of tactics that an insurance company may utilize against a victim of an accident may include the following:
Settlement Offer
In some circumstances, an insurance company of the driver that was texting while driving may attempt to offer a victim an immediate settlement amount in order to make the case simply go away. It is important to note that the first settlement offer given by an insurance company is typically substantially lower than what a victim needs in order to compensate them for their medical bills, loss of wages due to the inability to return to work, property damage, and pain and suffering. If you suffered injuries in a texting while driving accident, learn how a texting while driving accident lawyer at Ben Crump Law, PLLC can help pursue a fair settlement amount on your behalf.
Phone Conversations
Never allow yourself to have your voice recorded on a phone conversation with an insurance company. Insurance companies often attempt to record phone conversations in an attempt to use small pieces of context against a victim in order to later offer a lower settlement amount. Additionally, many insurance companies attempt to visit with victims while they are still suffering from serious injuries or are even still hospitalized. Make sure to take your time before visiting with an insurance company, so that you are in the proper state of mind.
Make sure to carefully respond to any questions asked by an insurance company adjuster or agent. Even if an insurance company representative asks a seemingly benign question such as “How are you?” you should take time to consider how you want to truly answer this question. Insurance companies may take your answer of “fine” to mean that you no longer suffer from the injuries you claim as a result of your car accident.
Full Medical Records
Insurance companies may attempt to request full medical records from a victim of a texting while driving accident. A victim only has the responsibility to provide medical records related to the car accident, and only after all of those injuries and medical issues have received complete resolution.
Learn How a Texting While Driving Accident Lawyer Can Help You Today
If you suffered injuries or losses as a result of a person texting while driving on the roadways, you may have the legal right to receive compensation for your medical bills, lost wages, property damage, and pain and suffering. Contact Ben Crump Law, PLLC at (844) 730-0233 today for a free case evaluation. Our team can help you build a personal injury case to pursue fair compensation for your injuries and losses.
