Texting while driving collisions in Elsmere can cause severe injuries to everyone involved. However, a crash can be even more devastating when someone’s reckless behavior causes your injuries.
When you are hurt in a texting while driving car accident in Elsmere, a skilled legal representative can help you recover financial compensation for your damages. With the help of a dedicated car crash attorney at Doroshow, Pasquale, Krawitz, and Bhaya, you could gather evidence of a wreck and prove that another driver caused your injuries.
What Constitutes Texting While Driving?
According to 21 Delaware Code 4176C, no one can use their cell phone while operating a vehicle when it is in motion to do any of the following activities:
- Play games
- Send emails or text messages
- View or send images or data
- Post to social media platforms like Twitter, Instagram, or Facebook
- Hold a phone to their ear or in their hand while talking, even if the device is on speakerphone
While many modern cars have a hands-free texting option that allows drivers to communicate without holding their phones physically, not every motorist takes advantage of these features.
Are There Any Exceptions to Texting While Driving?
Some exceptions apply to texting while driving. For example, law enforcement officers, firefighters, emergency medical technicians, and paramedics use their cellular devices to report injuries or communicate with healthcare personnel if the event of an incident.
Likewise, people can use a button on their phone if required to enable a hands-free function, including sending a call to a Bluetooth device. However, speakerphone is not hands-free if a driver continues to hold their device.
Likewise, people can use a button on their phone if required to enable a hands-free function, including sending a call to a Bluetooth device. However, speakerphone is not considered hands-free if a driver continues to hold their device.
A skilled attorney in Elsmere can help a plaintiff review evidence of the accident and determine if another motorist was texting while behind the wheel.
Liability in Texting While Driving Crashes
Collisions caused by texting drivers are entirely preventable. In most cases, law enforcement can easily prove that a person’s cell phone use led to a crash. However, there are situations where an injured driver might have also acted recklessly.
Comparative Negligence
Delaware is a comparative negligence state meaning that a court could reduce a plaintiff’s award by their portion of responsibility. For example, if an injured person contributed to a car crash, it would affect their ability to recover financial compensation. When a plaintiff is more than 50 percent at fault, they are barred from recovering any payment.
However, in some cases, a plaintiff’s phone use will not impact their claim for damages. For example, when a driver uses their device at a red light and gets hit from behind, they are not responsible for the damage. In this case, a plaintiff could not have stopped the collision from occurring.
When the court finds that both parties were using their cell phone at the time of the collision, proving negligence on either side can be difficult. Luckily, a seasoned lawyer in Elsmere can build a strong case to help prove that a negligent driver’s actions caused another motorist’s injuries.
How to Prove Texting While Driving Crashes
In some cases, eyewitnesses might see a defendant looking down at the time of the collision. However, that does not necessarily mean an individual was texting while operating their vehicle.
Law enforcement and attorneys in Elsmere can use several resources to prove that an individual was texting and driving when a wreck occurred. Often, a legal team member will subpoena phone calls, text messages, and other data from a negligent driver’s cellular provider. If a provider refuses to release records, a court may hold them in contempt.
That said, some phone companies delete their records after six months, but an attorney can request that a provider preserves the data in cases where texting caused a severe collision and injury. Finally, a lawyer might interview witnesses who saw a crash and get their statement as evidence.
Contact an Attorney After a Texting While Driving Accident in Elsmere
Dealing with the aftermath of a collision caused by a person texting can be daunting. Often, injuries caused by these accidents require extensive treatment, making it hard to return to your daily activities.
Fortunately, a hardworking lawyer could help you file a civil claim in court and get the compensation you need. Contact an attorney today to discuss texting while driving car accidents in Elsmere.
