While various states have passed laws in recent years prohibiting drivers from reading or sending text messages while operating a motor vehicle, these regulations have not stopped everyone from engaging in this dangerous behavior. Fortunately, this law has made it easier for people injured in crashes to prove negligence and pursue civil recovery.
If you were injured in a collision due to a texting driver, it may be worth talking to a Cleveland texting while driving accident lawyer about your legal options. With guidance from a seasoned car accident attorney, you could more effectively collect evidence to demonstrate the defendant’s reckless or careless actions, and pursue compensation for all of your ensuing injuries and losses.
Most forms of legal negligence that lead to car accidents involve someone violating an Ohio state law. For example, it is illegal for someone to exceed the speed limit. If an accident is caused due to speeding, the driver’s violation of traffic law could be considered evidence of reckless or careless conduct.
Reading, writing, or sending an electronic text message while operating a motor vehicle on a public road is prohibited under Ohio Revised Code §4511.204. Therefore, if a police officer tickets one of the drivers involved in an accident for texting while driving, that citation could be used in court as evidence of negligence.
However, in order to recover compensation under these circumstances, the plaintiff and their attorney would not only have to show that the defendant was on their phone, but also that their negligence directly led to the crash. A local car accident attorney could help collect and present evidence proving legal negligence, including police reports, traffic camera footage, witness testimony, and more.
Like with any personal injury case, plaintiffs filing a crash claim may have their recoverable damages limited if they are found partially liable for the incident in question. Under O.R.C. §2315.33, a court may reduce a plaintiff’s damage award by whatever percentage of fault that plaintiff is found to bear, or bar them from recovery altogether if they are more than 50 percent at fault.
Furthermore, there is a filing deadline of two years on most car accident claims, meaning that a person who waits too long to file suit after an incident may be unable to recover compensation no matter how strong their prospective case was. Working with a texting while driving accident lawyer in Cleveland is often essential for any plaintiff who wants to ensure these possible hurdles do not negatively impact their recovery.
State authorities have started taking texting while driving a lot more seriously in recent years, and laws have been passed making it a misdemeanor offense even if no harm comes of it. If it does cause a crash, the driver could be on the hook for thousands of dollars in medical bills, car repairs, and non-economic losses.
You should not have to pay a physical or financial price for another person’s negligence on the road. Talk to a Cleveland texting while driving accident lawyer about your situation today to find out what your options for civil recovery might be.