Did You Get into an Accident with a Texting Driver? Here’s What You Can Do

June 9, 2024 | David Abels
Did You Get into an Accident with a Texting Driver? Here’s What You Can Do

If you got into an accident with a texting driver, you can do multiple things to pursue the compensation you deserve. Filing an insurance claim and filing a lawsuit are the two primary ways that victims of texting drivers pursue the money they deserve.

Hiring a lawyer will allow you to confidently pursue a claim or a lawsuit. An experienced car accident attorney will take your case off your hands, advise you, and lead any claim or lawsuit you choose to file. If necessary, your attorney will even represent you in court.

To begin the process, you must take the proactive step of scheduling a free consultation with a car accident lawyer. They will assess your legal options and take the first steps toward your financial recovery right away.


Is a Texting Driver Always Responsible for an Accident?

Texting While Driving

Those who text and drive significantly increase the likelihood of an accident. For this reason, those who text and drive are often responsible for the collisions they are involved in—though there are always exceptions.

Texting while driving is a particularly dangerous type of distraction because:

  • It takes the driver’s hand (or both hands) off the wheel
  • It takes the driver’s eyes off the road
  • It takes the driver’s mind off the act of avoiding collisions
  • It combines every type of distracted driving (manual, visual, and cognitive) in a single act

Texting while driving can even be fatal. It is particularly true when a texting motorist does not see stopped vehicles ahead and strikes another vehicle at a high rate of speed.

Though there are cases where a motorist is texting but does not cause the accident, this is not typically the case. Those who text and drive often cause harm through their reckless behavior, and victims should seek fair compensation when an accident happens.

Will Insurance Cover the Damages a Texting Driver Caused Me?

Most auto accident victims turn to insurance to cover their losses. There is a chance that the insurance of the liable parties and your insurance covers the cost of your accident.

There can be roadblocks to obtaining fair compensation through insurance, though, which include:

  • Allegations that you caused the accident: Even if another motorist admits to texting and driving, you can face allegations that you contributed to the collision. It might lead an insurance company to deny or undervalue your claim.
  • Uninsured motorists: If the motorist who caused your accident does not have insurance or was underinsured, it can prevent you from securing fair compensation through insurance companies. Whenever someone lacks adequate insurance, they knowingly expose themselves to lawsuits.
  • Coverage limits: Auto insurance policies come with coverage limits. Insurance companies use these limits to avoid significant financial liability, and motorists pay premiums based (in part) on the value of their coverage limits. Insurance companies can offer less than you deserve if your losses exceed coverage limits.
  • Disputes about the cost of your losses: If insurance companies value your losses differently than your attorneys, it can be more difficult to negotiate a settlement. However, your car accident attorney will secure all available proof of your damages to convince insurance companies to pay you fairly.

Insurance companies are for-profit businesses, and it is generally in their interest to pay as little as possible when resolving claims. Therefore, you should not be surprised if one or more insurance companies resist paying you fairly.

A Lawsuit Could Be Necessary to Secure the Money You Deserve

You can file a lawsuit when insurance does not cover your accident-related losses (for any reason). If you have a lawyer leading your case, they can seamlessly transition from an insurance claim to a lawsuit.

Before you choose to file a lawsuit, your attorney will:

  • Review the highest-value settlement offer you have received
  • Explain the financial gap between the settlement offer and the amount of compensation you deserve
  • Explain the potential benefits and drawbacks of filing a lawsuit
  • Advise you about whether to file a lawsuit
  • File your lawsuit
  • Represent you in court if your case leads to trial

Experienced car accident lawyers are equally comfortable leading insurance claims and lawsuits. Being able to pursue a lawsuit is one of the many reasons to hire an attorney.

Reasons to Hire a Lawyer After a Texting Driver Hits You

If you are still considering whether to hire a lawyer or not, know that many accident victims choose to hire a car accident attorney because:

  • Car accidents are often costly: The cost of a car accident can rise significantly when the victim suffers injuries. You may be entitled to a large sum of money and feel that a lawyer is uniquely qualified to secure that sum. Never underestimate the potential cost of an accident or how a lawyer can help you.
  • You only have so much time: Most people’s lives are hectic even before they are in an accident. Being hit by a distracted motorist has likely put even greater strain on your time. You may lack the time to handle your claim or lawsuit effectively.
  • Inexperience can hurt your case: Insurance companies have experience. You can be at a significant disadvantage if you are handling your claim from an inexperienced position. You may hire an attorney because they have the experience that you lack.
  • Your health needs your attention: Recovering as quickly and painlessly as possible is in your interest. If you try to handle your own insurance claim, you may have less time to devote to health-related demands. Your health may suffer due to your decision not to hire an attorney.
  • A law firm offers many resources: You get much more when you hire an attorney. Law firms often have investigators, paralegals, and valuable relationships with impressive experts. You get all of these resources when you hire a car accident attorney.

You are the only one who can ask for help after an accident. Choose to let a trusted car accident lawyer use their resources and experience to fight for the financial recovery you deserve.

Steps Your Lawyer Will Take to Secure Fair Compensation for You

You can be with loved ones, attend medical appointments, and focus on moving forward from your accident—you deserve to. An attorney will allow you to do these things because they will be:

Securing Evidence from the Accident (Including Proof of Texting While Driving)

Your lawyer will retell the story of your accident using evidence, which may include:

  • Eyewitness testimony
  • Video from dash cameras, traffic cameras, security cameras, and other sources
  • An expert’s reconstruction of the accident
  • Cell records or other evidence indicating the motorist was texting while driving
  • Statements from motorists (including any admission by a driver to texting and driving)

Evidence is unique to each case. Your attorney will utilize all available evidence to build the strongest possible case.

Hiring Any Experts Who Can Help Your Case

Car accident attorneys often employ experts to strengthen clients’ cases. Experts’ services may elevate a case when facts or financial figures are disputed.

Your attorney may rely on:

  • Experts in crash dynamics
  • Economists and others who can testify about your professional damages
  • Mental health experts who can speak to your pain and suffering
  • Automotive repair professionals
  • Any other expert whose services or opinions can benefit your case

Lawyers build expert services into their fee structure. If your attorneys work with experts, you will pay no direct cost.

Your lawyer will obtain documentation of your economic damages, which includes medical expenses, vehicle repairs, and lost income. Documentation may include:

  • X-rays, photographs, and other images of your injuries
  • Medical bills related to your accident
  • Income statements to show your pre- and post-accident earnings
  • Invoices for the repair of your vehicle

Attorneys also need to document your non-economic damages, namely pain and suffering. They may rely on a mental health professional’s diagnoses of your pain and suffering, invoices for mental health treatment, and other documentation to prove your non-economic harm.

Calculating the Exact Value of Your Damages

Attorneys only begin negotiating once they know the client’s case value. Your attorney and their team will evaluate and double-check the cost of economic and non-economic damages before demanding compensation from liable parties.

Some accident victims are still injured (or suffering in other ways) when their lawyer negotiates a settlement. Your attorney will account for future damages if you are still experiencing injuries, financial losses, or other harm when it is time to negotiate.

Negotiating with Insurers

Attorneys are qualified to negotiate with insurance companies because:

  • They have extensive experience negotiating with insurers
  • They understand negotiation tactics insurers often use
  • They have resources (like expert services) to use during settlement negotiations
  • They have the resources to hang tough during complex negotiations

Your lawyer’s financial support for your case will be critical during negotiations. You may also benefit from the fact that if insurance companies do not negotiate in good faith, your lawyer can file a lawsuit. It may motivate insurance companies to settle fairly, as the insurer may have no interest in going to trial.

Updating You About Settlement Offers

Your lawyer will contact you regularly to update you about the case. They will notify you right away if you receive any settlement offers.

Your attorney should discuss their settlement demands with you. When offers come in, you and your lawyer will discuss if the offer is worth accepting.

Leading a Lawsuit on Your Behalf

If you need to file a lawsuit, you will likely want a lawyer to lead it. Attorneys:

  • Are familiar with filing deadlines
  • Are well-versed in the language of lawsuits (and the law in general)
  • Have the time needed to complete a lawsuit
  • Can take your lawsuit to trial if necessary

A lawyer will handle every aspect of your case.

Damages Often Included in Auto Accident Lawsuits

Motorists who text while driving are often oblivious to their surroundings. It can lead to high-speed, high-impact collisions, resulting in severe injuries and death.

Damages in a Non-Fatal Auto Accident Case

Damages Claim

Most auto accidents are not fatal, but accident-related injuries seriously harm victims. Common damages in non-fatal auto accident cases include:

  • Medical expenses
  • Pain and suffering (which can include depression, anxiety, lost quality of life, post-traumatic stress disorder, and sleep deprivation)
  • Vehicle repairs
  • The cost of replacing a totaled vehicle
  • Lost income
  • Diminished earning power

Accidents become even more costly when victims become disabled. Your attorney will consult your doctors to determine the nature and severity of your injuries. They will monitor your recovery and project the cost of any damages you will suffer going forward.

Damages in a Fatal Auto Accident Case

Texting and driving can kill. If you have lost a loved one because of a driver’s negligence, you deserve justice for your tragic loss. Common damages in fatal auto accident cases include:

  • Pain and suffering, including but not limited to grief
  • Grief counseling and other treatment for pain and suffering
  • Funeral expenses
  • Loss of the decedent’s financial support
  • Loss of the decedent’s contributions to their household
  • Loss of a spouse’s companionship (and other non-economic losses that qualify as loss of consortium)

Many attorneys handle wrongful death cases professionally and compassionately. While you need to focus on your grieving process, a lawyer can handle your fight for justice.

What Should I Do While My Car Accident Lawyer Fights for My Financial Recovery?

Hiring a lawyer will provide you with much-needed freedom to:

  • Rest
  • Attend medical appointments
  • Address mental health deficits
  • Be with loved ones
  • Arrange personal affairs
  • Complete any work you can

Recovery should be every accident victim’s top priority. Handling a claim can hinder recovery, which is why you should seriously consider hiring an attorney.

Wait No Longer to Hire a Car Accident Attorney—They Will Start Your Case Today

Remember that there is no upfront or out-of-pocket cost to hire a lawyer. It means there is no barrier to hiring an attorney and, therefore, no reason to wait before contacting prospective law firms.

Your consultation is free, so you can find out about law firms at no cost. Start your search for a personal injury lawyer today.

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David Abels


David Abels has carved a niche for himself in the personal injury law sector, dedicating a substantial part of his career since 1997 to representing victims of various accidents. With a law practice that spans over two decades, his expertise has been consistently recognized within the legal community.

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