Elkins Texting While Driving Accident Lawyer

Texting is part of everyday life. However, horrible car accidents can happen if someone is using their phone while driving. Because texting requires the use of one or both hands and both eyes, it creates a perilous situation for the texter and other drivers on the road. If you were injured in an accident as a result of someone’s texting or otherwise distracted driving, you could be entitled to compensation.

An Elkins texting while driving accident lawyer can assist you in collecting important evidence, preparing and submitting the court filings, and guiding you through each step of the process to seek compensation. Your injuries will not be healed through litigation, but you can secure much needed financial stability as you face your mounting medical bills with the help of a dedicated car accident attorney.

Common Injuries and Potential Compensation

Accidents that occur due to texting while driving can cause devastating injuries to other drivers on the road, including head trauma, burns, broken bones, loss of limb, internal injuries, and even disfigurement, paralysis, or death.

Someone who is injured in a car accident as a result of distracted driving will undoubtedly have a significant financial burden. Healthcare is needed to address immediate injuries, complications, and rehabilitation and these can be expensive, especially considering that they could be compounded by any work that is missed. Under West Virginia law, a plaintiff is entitled to seek damages for both economic and non-economic losses, such as:

  • Cost of vehicle repairs or replacement
  • Cost of other property in the vehicle or on the victim
  • Medical bills and rehabilitation expenses
  • Expenses to modify home or car for long-term injuries
  • Lost wages
  • Reduced earning ability
  • Emotional distress
  • Pain and suffering
  • Loss of companionship

How An Elkins Attorney Can Help

There are many ways a qualified legal advisor can be an essential resource for an individual seeking compensation from an at-fault driver who was texting while driving.

Collecting Evidence

There are a lot of facts involved in a car collision, including what actually happened and who was responsible for causing it. To bring a claim for personal injury, a plaintiff must proffer proof of negligence, and gathering reliable evidence is a time-intensive process. A local legal representative that works with car accident victims has the experience to launch an investigation and collect important evidence.

Filing a Claim

Personal injury claims in West Virginia are brought pursuant to Article 7 of Chapter 55 of the West Virginia Code and must be filed within two years of the accident for the lawsuit to be valid. Claims for compensation from injuries in a collision are based on the concept of negligence. This means that the plaintiff must show that the defendant breached the duty they owed to another person by acting in the way a reasonable person would act in that situation. A plaintiff must show the defendant breached that duty to them, and that violation caused their injuries and resulted in damages.

These are complicated legal concepts, so having a legal professional prepare and file the necessary documents is crucial. A representative in the area has experience with many issues that arise following a car accident and can act as a useful resource and advocate for their client.

Consult with an Elkins Texting While Driving Accident Attorney Today

If someone’s negligent driving due to texting caused your injuries, you should contact an Elkins texting while driving accident lawyer today to discuss your ability to seek compensation. You only have limited time to file your claim, so schedule your consultation today.