The state takes a strict approach to texting while driving, prohibiting not just texting, but all other uses of handheld electronic devices for all drivers while they are behind the wheel. In addition to facing increasing fines for each offense, those who text and drive may also face civil liability in the event that they cause someone else to get hurt in a wreck because they were breaking the law and driving distracted.
When a texting driver causes you or a loved one to get seriously injured in a car crash, you may have grounds to demand civil compensation from them, which an experienced car wreck attorney at Doroshow, Pasquale, Krawitz, and Bhaya can help you pursue. Navigating the laws and procedures for cases based on texting while driving car accidents in Newark could be more challenging than you might think, and help from experienced legal counsel can make a world of difference in how effectively you enforce your rights.
Texting While Driving as a Form of Negligence
Texting while driving, and using a phone or similar device without it being in hands-free mode, is illegal in Delaware, and anyone who texts behind the wheel has breached the duty of care they owe other people. Everyone who drives on public roads in the state assumes the same duty to obey traffic laws and generally act responsibly while in motion. Texting while driving violates both of those expectations.
A breach of duty that leads directly to a car crash—or is the proximate cause of a wreck that likely would not have happened without that breach—constitutes legally actionable negligence. Any person found negligent in this way could be held financially accountable for all injuries and ensuing damages they cause someone to sustain because of their misconduct. This is the legal principle around how texting while driving car crash claims in Newark are built.
Recovering for All Available Damages
Both economic and non-economic forms of harm, meaning both objective financial losses and more subjective personal losses, can be incorporated into a lawsuit or settlement demand against a texting driver. Economically, a comprehensive claim could include all past and future medical expenses not covered by the injured individual’s personal injury protection (PIP) insurance coverage, as well as:
- Lost work income
- Car repair/replacement costs
- Other forms of personal property damage
- Lost future earning capacity caused by a long-term disability
Non-economic damages usually center around physical pain and suffering but could also include emotional anguish, psychological trauma, and lost overall quality of life. During a private initial meeting, a qualified legal professional from our firm can offer more specific guidance about what losses one may be able to recover following a texting while driving car wreck in Newark.
Talk to a Newark Attorney About Texting While Driving Car Crash Litigation
Texting behind the wheel is against the law, and anyone who causes a car crash because they were engaging in irresponsible behavior should be held accountable. However, knowing someone else is responsible for your injury and holding them liable for it in court are two different details.
Fortunately, you have assistance available to you from knowledgeable legal professionals at Doroshow, Pasquale, Krawitz, and Bhaya with extensive experience handling claims built around texting while driving car accidents in Newark. Call us today to schedule a consultation.