Texting While Driving Car Accidents in Charleston

Nearly every U.S. state and territory has made texting while driving against the law, and most states—including West Virginia—make it a “primary offense” that police can pull you over for even if you committed no other traffic violation. Despite this, far too many people choose to distract themselves with their phones behind the wheel while driving around, and that sometimes leads to avoidable accidents with life-altering repercussions.

If you have been hurt in a texting while driving car accident in Charleston caused by another person’s misconduct, you likely have grounds to take legal action against that negligent person and demand compensation for your crash-related losses. For the best chance of getting the best possible case result, you will want to have the support of a seasoned car accident lawyer from the country’s largest female-founded law firm, as early as possible in the legal process.

Does Texting Behind the Wheel Always Count as Negligence?

Under the “Electronically Distracted Driving Act,” which was passed into law in the Mountain State in 2012 and is codified in West Virginia Code § 17C-14-15, drivers of all ages are prohibited from using a handheld electronic device for any purpose while operating a motor vehicle. Since this makes all forms of texting while driving illegal in Charleston, anyone who causes an accident specifically by texting behind the wheel meets all the criteria needed to be considered legally negligent and held civilly liable for accident-related losses.

Sometimes, proving that someone involved in a Charleston traffic accident was texting while driving is as simple as referencing the accident report generated by police officers who responded to the crash scene. This report may include a citation issued to the texting driver for their violation of state law. In other situations, it may be necessary to support a claim with additional evidence like witness testimony, surveillance and dashboard camera footage, and even subpoenaed cell phone records. Trusted legal counsel can provide crucial assistance with collecting this evidence.

Getting Paid Fairly Within Filing Deadlines

A skilled auto accident attorney can also help identify, assign a fair financial value, and demand restitution for every form of harm that a texting while driving car crash in Charleston will cause for a person. That may include:

• Short-term and long-term medical bills
• Lost work income, benefits, and/or future earning capacity
• Personal property damage, including vehicle repair/replacement costs
• Disability-related expenses for things like assistive equipment and home modifications
• Physical discomfort and pain
• Emotional trauma and suffering
• Lost enjoyment of life and other effects of permanent disability/disfigurement

Perhaps most importantly, a legal professional could help build and file a strong claim within the deadline set by the “statute of limitations” codified in W.V. Code § 55-2-12, which is usually two years after the date on which an injury occurred.

Get Help from a Charleston Attorney with a Texting While Driving Car Accident Claim

Even if you are as responsible a driver as you should be, you may still wind up involved in a serious crash solely because of another person’s reckless or careless actions. Even worse, you may have trouble enforcing your right to civil recovery, especially if you try to demand the compensation without assistance.

You have help available after a texting while driving car accident in Charleston when you contact Jan Dils. Call today to schedule a free consultation and learn your next steps in covering your financial losses.