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Texting While Driving Car Accidents in Beckley

Public health and safety officials have put a lot of emphasis on the dangers of distracted driving over the years. Unfortunately, people continue to use their phones while they drive. Texting while driving car accidents in Beckley are common, and you could find yourself on the wrong end of one

If you were hurt in a crash involving a distracted driver, you may have a civil claim for financial compensation. Contact one of the skilled car accident attorneys in our office to learn more.

Get Immediate Medical Attention

Whenever someone is involved in a car accident, obtaining a medical evaluation as quickly as possible is critical. Vehicle crashes often cause injuries that do not produce immediate symptoms, like a TBI. A doctor can screen for those injuries and begin treatment immediately, potentially reducing their impact.

A medical record generated soon after a texting and driving accident is valuable evidence a Beckley attorney can use to prove the injured person‘s losses. When a claimant in a car accident case does not seek medical attention soon after the incident, the insurance company for the at-fault driver can argue that the injuries are less serious than claimed.

Violating Texting and Driving Laws Is Negligent

Under West Virginia’s fault-based system for handling car accident claims, the driver who causes a crash is responsible for paying the losses of other involved parties. The at-fault  driver is usually the one who was negligent, meaning the driver who failed to use reasonable care to protect others. Violating a safety law is negligence per se— the fact that the driver violated the law proves he or she was negligent.

West Virginia Code § 17C-14-15 makes using a hand-held device for any purpose while driving illegal, unless the device is in hands-free mode. When an accident occurs and one of the drivers was texting, there is a presumption that the texting driver caused the crash. His or her insurance company will be responsible for paying the losses of others who were injured.

If the texting driver was issued a citation, the ticket is evidence of the driver’s negligence. However, it is possible to prove a driver was distracted even if the police do not issue a ticket. A Beckley attorney could subpoena cell phone records, video footage of the accident scene, witness statements, and any other available evidence that proves the driver was texting while operating the vehicle.

Determining Compensation for Losses

The insurer for the at-fault driver must pay compensation, usually called damages, for an injured person‘s losses. Damages include reimbursement for out-of-pocket expenses and future losses, plus money to compensate for the car accident victim’s diminished quality of life.

The injured person can claim compensation for their medical bills, future medical costs, lost income, and reduced future earning capacity. He or she can also claim money for physical pain, scarring, disability, and the emotional or psychological impact of the accident.

An accident attorney in Beckley will work with an injured person and his or her family members to calculate the total amount of damages. They will then negotiate with the at-fault driver’s insurance company to arrive at a fair settlement. When the driver’s insurance is inadequate to cover the injured person‘s losses, a legal professional can bring a lawsuit against the driver and any other parties who may have had a role in the incident.

Hold a Texting Driver Accountable After a Crash With a Beckley Attorney

Using an electronic device while driving is illegal and irresponsible. If a texting driver caused an accident that harmed you, you can hold them financially responsible for your losses.

Our Personal Injury law firm represents people injured in texting while driving car accidents in Beckley, and around the state. Schedule a free consultation with us to learn more.

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To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.

Jan Dils, Attorneys at Law

Jan Dils, Attorneys at Law
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