Clarksburg Texting While Driving Accident Lawyer
West Virginia law prohibits the use of a cellphone in any form without a hands-free device. Sending or receiving texts while the vehicle is in motion is prohibited. Even at stop lights, stop signs, or other traffic control devices, drivers may not use cellphones without approved hands-free devices. Driving requires a person’s attention at all times to protect the public and themselves.
If you were injured in a collision with a distracted driver, you may be able to hold them accountable and pursue compensation with help from a dedicated car accident attorney. A Clarksburg texting while driving accident lawyer could handle the details of your case so you can focus on your health.
How Cellphone Use Could Impact an Injury Claim
If the defendant’s cellphone use created a distraction that contributed to the crash, that creates liability on the driver, which can help the plaintiff. However, if the victim was also on a cellphone, it could make an injury claim more complicated. Cellphone use by the plaintiff provides the other side with an argument that somehow the victim was partially responsible for the accident. Ultimately, if a crash was clearly caused by the defendant, it should not have an impact on the victim’s ability to recover damages.
Proving Cellphone Use Led to an Accident
When a cellphone is involved in a car accident, victims and their personal injury attorneys carefully examine the use of any electronic communication devices. It is important to obtain evidence to support a claim, including the time of calls or texts from the defendant’s cellphone provider.
In a recent case, the at-fault driver was in the middle of a text at the time of the impact. The state trooper investigating the crash saw the defendant driver’s cellphone sitting on the seat in midsentence. That evidence was critical in holding that individual responsible for the devastating injuries they caused.
When attempting to prove that cellphone use contributed to a crash, attorneys try to obtain authorization to seize the phone records. They first try to secure the cooperation of the plaintiff’s insurance carrier or attorney as soon as possible. In some cases, car accident lawyers may require a subpoena to obtain detailed cellphone records. Occasionally, third-party services must be used to obtain the information. The number of carriers makes it difficult to determine who to contact initially, but it is essential to obtain, secure, and preserve cellphone information from the outset of the case.
Reach Out to an Experienced Clarksburg Texting While Driving Accident Attorney
If you were hurt in an accident caused by another driver’s cellphone use, you deserve to relax and focus on your health. Unfortunately, you may find yourself burdened by medical expenses and unable to work, adding financial stress to an already difficult time in your life. Fortunately, a Clarksburg texting while driving accident lawyer is available to help.
A dedicated attorney could help you calculate a value for the full extent of your losses and pursue fair compensation. They could gather documentation in support of your claim and hold the at-fault driver accountable for their negligence. To discuss your case, call today and schedule a consultation.