As of July 1, 2020, state law prohibits drivers from holding mobile electronic devices while operating a vehicle, except to call 911 during an emergency. Despite this restriction, phone-related distractions remain one of the leading causes of traffic collisions in our state, crashes that often result in severe, sometimes life-altering, consequences. Texting while driving car accidents in Crown Point are just as actionable under civil law as any other crash caused by negligence. If another driver’s distraction behind the wheel led to your injuries, you have the right to pursue compensation. To improve your chances of securing a full financial recovery, consider working with a dedicated car accident attorney from the Law Offices of David W. Holub rather than handling your claim alone.
Important Evidence in Texting While Driving Car Crash Lawsuits
Successfully pursuing a civil claim after a car wreck in Crown Point caused by a texting driver requires meeting two key elements. First, the plaintiff must prove it is more likely than not that the defendant was texting behind the wheel, or otherwise acting illegally or irresponsibly, immediately before the crash. Second, the plaintiff must show that this conduct directly caused an injury that required professional medical treatment.
While civil courts and insurance companies are not beholden to the strict beyond a reasonable doubt standard applicable to criminal cases, it can still require a great deal of evidence from multiple sources in order to show that a texting driver should be held legally liable for a crash. A qualified legal professional could help find, preserve, and make effective use of information like witness statements, crash scene photos and/or video recordings, police reports, medical records, and input from accident reconstructionists.
Recovering for Short-Term and Long-Term Losses
Perhaps even more importantly, a skilled lawyer can ensure that a settlement demand—or, if necessary, a civil court case—fully accounts for every form of harm caused by a texting and driving accident in Crown Point.While no two cases are exactly alike, examples of compensable damages which often factor into claims of this nature include:
- Lost enjoyment/quality of life
- Physical pain and discomfort from injuries
- Emotional trauma from injuries and/or the accident itself
- Lost work wages, benefits, and/or long-term earning capacity
- Costs of emergency medical treatment and, if applicable, expected costs of future rehabilitative and maintenance care
Fortunately, state law does not cap how much money someone can demand as restitution for harm caused by a private individual’s negligence, making it possible to pursue full compensation for decades of future losses with support from capable legal counsel.
Contact a Crown Point Attorney for Help Suing Over a Texting and Driving Car Accident
Someone who chooses to focus on their phone while driving instead of on the road ahead of them is putting not only themselves at risk of serious injury, but everyone else around them on that road as well. If you have been hurt in a wreck caused by this type of negligence, you likely have grounds to seek civil restitution from the texting driver who harmed you—if, that is, you understand and can effectively enforce your rights under Indiana state law.
We can provide the custom-tailored legal guidance you need to achieve the best possible outcome from your unique claim. Call the Law Offices of David W. Holub today to discuss your options after texting while driving car accidents in Crown Point.
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