Why You Should Call an Attorney After a Texting While Driving Accident

March 29, 2022 Zeeshan

Colorado accident attorneys can help you fight for the compensation you deserve after a collision with a texting or distracted driver. In many states and municipalities, texting while driving is illegal, no matter the driver’s age or experience. In fact, using a cell phone while driving is one of the most common causes of car accidents in the United States. If you were injured in a car accident where another driver was distracted by their phone, call an accident attorney as you can to discuss your potential rights to financial compensation.

Following an accident, the injuries or damages that you’re working through can be challenging to manage, both physically and financially. Lost wages, medical bills, and property damages resulting from the accident can prove costly. However, if another person was at fault for these costs, you shouldn’t be the one that has to pay them. To assist in proving the fault or negligence of a distracted driver, you’ll usually need professional legal advice and assistance.

In this article, we’ll discuss the situations in which you’ll want to call a lawyer to help you fight for a settlement that covers the damage caused by another distracted driver. We’ll also review the typical process for these cases, so you can get a better look at what your case might look like in terms of proofs, negotiations, and court settlement.

What is Distracted Driving?

According to the U.S. Department of Transportation, anything that takes your attention away from the wheel while you’re on the road qualifies as a driving distraction. For most individuals, the most frequently occurring distraction is your phone. Using a headphone or headset connected to your phone, holding your phone to your ear, and texting are all driving distractions that can cause an accident that leads to injury or substantial damages. It’s never worth the risk to look at your phone while you’re behind the wheel.

How an Accident Attorney Can Help You Win a Settlement

The right texting while driving lawyer for your case has the experience and dedication necessary to defend your case in court, lead negotiations, and speak with insurance companies.

Initial Consultation

If you believe another driver might be at fault for the injuries or damages you’re managing after an accident, the first step in seeking justice is to call an accident attorney to schedule a free consultation. In this initial consultation, your attorney will review the circumstances of the case, look briefly at the evidence available, and provide you with legal advice for taking action on your case. Most free consultations are about 15-20 minutes, and while this might seem short, you’ll get plenty of valuable advice. If the attorney believes you may have a chance at winning a settlement, they will either take on your case or refer you to another attorney who can help.

Paying for an Attorney

One of the most common concerns about hiring an attorney is the cost of legal services. While it’s true that experienced attorneys aren’t cheap, there are a few reasons why hiring a lawyer might be more affordable than you think. Most accident attorneys operate with a contingency fee, which essentially means you only have to pay for their services if you win your case. In addition, most car accident and distracted driver settlements include the funds necessary for paying your lawyer after the case’s resolution. Many settlement payments reach upwards of a million dollars, depending on the severity of the injury or disability.

Evidence Assembly

After your initial consultation, your lawyer will begin assembling the evidence you need to prove that another driver was or fault or that the value of your case is higher than the insurance estimates. In many cases, police reports from the accident can prove valuable, as can any formal statement from your insurance provider. In some cases, witnesses may prove to be a beneficial form of evidence. In texting while driving cases, traffic camera footage can also help prove fault.

Medical bills or a statement from a doctor can provide direct evidence of the value of your case. If you took any photos after the fact or have any dashcam footage available, you may already have the evidence required to prove fault. However, because every accident injury case is unique, there’s no formula for what will or won’t prove fault or negligence. An organized assembly of evidence can go a long way in simplifying the negotiation process.

Negotiations Process

Professional legal assistance is often essential for negotiating your case against the other involved parties and the relevant insurance providers. Speaking to insurance adjusters to raise the value of your claim can be particularly challenging because the insurance adjuster usually already has substantial experience with these discussions. The best attorneys for distracting driving cases have considerable experience in providing assistance with all forms of claim negotiation and will fight for you at every stage of the process.

Taking Your Case to Court

The right attorney for your case isn’t afraid to elevate your case beyond negotiations and will advise you on when it’s time to take your case to court. While many car accident cases reach a resolution before this step, the higher value cases often require you to fight for your right to a settlement in court before a judge. You must have an organized presentation of evidence at this stage of the process, particularly if you’re planning to go up against the insurance company.

Conclusion- Why You Should Call a Texting While Driving Accident Attorney

If you were recently injured in a texting accident and believe that another driver may be at fault, you may be entitled to financial compensation for medical bills, lost wages, and damages. A texting while driving accident attorney has the specialized knowledge necessary to fight for your right to this settlement through negotiations or in court.