There are few factors more likely to increase the odds of a car accident than texting while driving. When drivers take their eyes off the road to read a text message, they typically fail to notice changing road conditions like slowing traffic. Texting while driving car accidents in Lowell often result in serious injuries that leave you facing costly medical bills and time away from work. An experienced car accident attorney could help you navigate the legal system and pursue compensation when you are injured in an accident with a distracted motorist.
What are the State’s Texting While Driving Laws?
Found in Indiana Code 9-21-8-59, the statute makes it illegal to use a mobile device while driving. This includes more than sending or reading text messages; watching videos or reading emails is also prohibited. Holding the phone in your hand is unlawful, regardless of whether the device is in use. These laws exist to prevent texting while driving accidents in Lowell and across the state.
There are some exceptions that allow drivers to use their phones in a limited capacity. First, it is legal to make phone calls using hands-free technology. This could include voice-activated technology in the car or through a Bluetooth headset.
Second, there is an exception to the rule when it comes to genuine emergencies. If a driver witnesses a severe accident, they can call 911 without the need to come to a stop first.
Proving Negligence in a Texting While Driving Accident Case
Texting while driving is an example of negligence, and it is often enough to result in a winning case for compensation following an accident. However, a successful claim requires evidence. An attorney in Lowell can establish that texting and driving led to an accident.
It is not uncommon for a driver involved in an accident to admit that they were texting while behind the wheel. These admissions could be made to the officer at the scene or even to the other driver. Witnesses to the crash might be able to testify that they saw a phone in that person’s hands prior to the collision.
Arguably the strongest piece of evidence in these cases involves data from the at-fault driver’s phone. Cell phone data reports can show that a person was using cellular data while texting or watching videos at the exact moment of the collision. If the other side refuses to hand over this documentation, a subpoena might be necessary.
Compensation For Your Injuries
You could pursue various forms of compensation following a texting and driving car accident in Lowell. With the support of an experienced attorney, you could recover damages such as:
- Lost wages
- Pain and suffering
- Emotional distress
- Scarring or disfigurement
- Past and future medical bills
- Vehicle repair or replacement costs
- Diminished future earning potential
It might not be immediately clear to you what types of damages are on the table. When you work with an attorney with extensive experience handling accidental injury claims, you can improve your chances of success.
Talk to a Lawyer in Lowell About Your Texting While Driving Car Accident Case
If you were hurt in one of the many texting while driving car accidents in Lowell, now is the time to take legal action. An attorney could help you pursue the compensation you deserve for your injuries. Reach out today for a free, confidential consultation.