Texting while driving—is a dangerous practice that puts everyone on the road at risk. If a distracted driver has injured you, you may be entitled to compensation.
Proving distracted driving can be difficult since distracted drivers will rarely admit that they are not paying attention. Working with a trusted car crash attorney is the best way to ensure those who are liable for your losses are held accountable for their actions. Reach out to Doroshow, Pasquale, Krawitz, & Bhaya to begin reviewing the details of your texting while driving car accident in Wilmington with a dedicated advocate.
Proving Liability for a Texting While Driving Wreck
Texting while driving is illegal. Delaware Code Ann. tit. 21 § 4176c outlaws drivers using cell phones while vehicles are in motion. It does not only prohibit texting. The law limits drivers from using any electronic communication device, including cell phones, laptop computers, pagers, messaging devices, tablets, electronic games, or similar portable computing or communication devices while behind the wheel.
In addition to texting, the law prohibits using these devices to talk, watch videos, read or write emails, or play games. People can use hands-free equipment to make calls. There are also some other exceptions, like calling for emergency services.
Because the law is clear, many people assume that if a texting driver causes an accident, financial recovery will be easy. This is not the case. Initially, an injured motorist’s claim that the other driver was texting is just an allegation. The other driver may deny it. They may also try to shift blame to the injured person. Fortunately, this is not simply a he-said/ she-said scenario. Using a cell phone or other electronic device leaves an electronic record. An attorney can access these electronic records Through the discovery process. They can use that evidence to prove that the defendant was texting at the time of the Wilmington wreck.
Delaware – PIP Insurance and Liability Insurance
All drivers in the state must carry personal injury protection (PIP) insurance. PIP insurance is no-fault and covers personal injuries of the driver and passengers in your car. The required coverage amounts are low—$15,000 per person and $30,000 per occurrence. To recover for pain and suffering, and bills which exceed the PIP coverage, a liability claim may need to be brought against the texting driver (whether that is the driver of the car in which you were a passenger, or the driver of the other car).
Other Types of Distracted Driving
Texting while driving may be the most dangerous type of distracted driving. However, cell phones are far from the only type of distraction drivers face. Other common sources of distraction include eating, drinking, putting on makeup, shaving, changing radio stations, having conversations with passengers, and daydreaming.
These other types of distracted driving are much more difficult to prove than texting while driving. However, an attorney may not have to prove texting or other distractions for a plaintiff to prevail in a Wilmington car wreck case. A lawyer can approach the case from a different direction, demonstrating that the driver’s response time was longer than it would have been if the driver had been alert. Proving that can help demonstrate that the driver was distracted, even if it does not reveal what distracted the driver.
Learn More About Wilmington Texting While Driving Car Wrecks
Distracted driving can be deadly. Even though texting while driving is illegal, people do it every day. It is unlikely that the problem is going to come to an end. So, it is essential to know more about texting while driving car accidents in Wilmington. The more information you have, the better able you are to make informed decisions about claims, settlements, and lawsuits. Schedule a consultation to learn more.