Proving Negligence in a Texting and Driving Accident

Texting and driving is one of the largest causes of auto accidents, resulting in the death and injuries of thousands of people, as well as, millions of dollars in damages, each year. Although many laws have been put into place around the country to avoid texting while driving, the rate of accidents as a result of the act has remained fairly consistent. If texting and driving was in fact the cause of an accident, the driver who was texting may be help liable of the damages and injuries sustained in the accident.

A lawsuit can be filed against a driver at fault in an accident if negligence can be proven. Drivers negligence, which includes texting and driving, is the disregard of safety while driving. To prove negligence, it is required to provide evidence of the four following elements:

  1. Duty

Drivers have a legal duty to obey traffic laws and drive responsibly to ensure the safety of everyone on or near roadways. It must first be proven that the driver at fault had the duty and obligation of adhering to the safety standards of the road to avoid any accidents.

  1. Breach of Duty

If a driver at fault has been proven to have had the duty of care, then it must be proved that he or she breached that duty. When a driver turns their attention from the road to their cell phone, they have breached their duty of care. Because the average person knows that cell phone usage while driving can inhibit the abilities of the driver, they can be proven as negligent of safe driving.

  1. Causation

After proving that the at-fault driver breached his or her duties, then evidence must be provided that proves texting while driving caused the accident and the other parties injuries. Causation is what legally binds the injured party’s injuries with the liability of the at-fault party. To prove causation, medical records and proper testimony should be provided.

  1. Damages

When one party is at fault in the accident, the injured party may be entitled to compensation for any damages incurred as a result of the accident. You will need medical records and other evidence proving the damages requiring compensation. The damages for which may require compensation include:

  • Medical expenses
  • Pain and suffering
  • Lost wages
  • Emotional stress

To properly and successfully navigate a texting and driving accident, it is advised to contact a skilled attorney, like a car accident lawyer Milwaukee WI can trust. Proving negligence can be difficult, but a personal injury attorney can alleviate some of the stress by providing the necessary guidance and legal help needed to win a case.

Hickey & Turim, SCThanks to our friends and contributors from Hickey & Turim, SC for their insight into texting and driving.