Texting while driving accidents in Merrillville often leads to serious accidents with severe consequences. These collisions can result in injuries that take weeks or months to heal, leaving you out of work. When you are hurt in a crash, you might have a legal claim against the texting driver.
Before you attempt to settle your case on your own, talk to the seasoned legal professionals at The Law Offices of David W. Holub. A dedicated car accident attorney could help gather evidence that the driver who hit you was texting and proceed with a lawsuit against them.
Texting While Driving Laws in Merrillville
Like most jurisdictions, Indiana Code 9-21-8-59 makes using a mobile phone or other communication device unlawful while behind the wheel. For example, this includes typing out a text message, watching a video, or reading an email. In fact, it is illegal to simply hold onto a phone while driving, even if the motorist is not actually using it.
There are two important exceptions to be aware of. First, motorists may use a mobile device with voice-operated or hands-free technology. Talking on the phone through a headset or even using talk-to-text functions to send messages is allowed under the law.
Second, motorists may use a telecommunications device in case of a bona fide emergency. For example, drivers could call 911 without breaking the law if they witness or are involved in a serious accident.
Recovering Damages Through Legal Action
Texting while driving is an example of negligence. When this behavior leads to an accident, the motorist could be on the hook for any damage they cause. In Merrillville, the injured party may be able to obtain several different types of compensation from the person who was texting while driving, such as:
Medical Costs
Costly medical treatment is often at the forefront of a person’s mind after getting hurt in a crash. The emergency expenses in the aftermath of a crash—including ambulance transportation and ER visits—are only the beginning. Serious injuries often require months or even years of ongoing care. With the help of a skilled attorney, a settlement could pay for past and future medical expenses.
Lost Wages
Far too many people are forced to miss work in the aftermath of a motor vehicle crash. When a texting driver causes an accident that leads to serious injuries, they could be on the hook for the victim’s lost income. Determining the value of these claims is possible through the use of employment records.
Pain and Suffering
Physical and emotional pain can also make up a large part of a civil suit. The injured person could be entitled to recover compensation based on their physical agony, mental anguish, and other subjective losses. Although these losses are not easily measured, the right lawyer could provide clear evidence of the value of these damages and how the injury impacted their quality of life.
Discuss Your Texting While Driving Accident With a Merrillville Attorney
Texting while driving accidents in Merrillville can be frightening. You may not know what to do next. It is important to remember that you have the right to seek legal counsel. Often, the settlements in these cases will provide compensation that pays your out-of-pocket costs while covering your subjective losses as well. Reach out today to discuss your options with the experienced lawyers at The Law Offices of David W. Holub.