It is a well-known fact that drivers who text while driving put others at risk. However, some people persist in using their devices to text while driving, despite laws against the practice and its dangers.

If you suffered an injury in a texting while driving accident in Lakewood, the at-fault driver is liable to you for your damages. Pursuing your damages claim with a seasoned lawyer at Tittle & Perlmuter can help ensure that you get adequate compensation for all your losses.

Laws against Texting and Driving in Lakewood

Under Ohio Revised Code §4511.204, it is illegal for anyone to use a handheld device to read, write, or send a text while operating a motorized vehicle on the road. Adults may use a handheld electronic device to make or answer a phone call and for navigation.

Anyone under 18 or with a probationary driver’s license may not use a handheld device while operating a vehicle. Underaged or inexperienced drivers may use their devices only to report an emergency, and they also may use them if the vehicle is stopped out of traffic. If the vehicle is stopped in traffic, using handheld devices is not permissible.

If the police cite a driver for violating texting and driving laws, an attorney in the area could use the citation as evidence of negligence. Such evidence could strengthen an injured person’s case when seeking damages.

Proving Negligence by a Texting Driver

In most car accident cases, the at-fault driver must pay the damages of anyone who was injured. If the at-fault driver’s insurance policy limits are insufficient to cover a victim’s losses, the at-fault driver is personally liable.

However, an injured person (plaintiff) must prove that another party (defendant) was negligent when seeking damages after a car accident. As noted above, a citation for texting while driving could be evidence of negligence. Even if the police did not cite the at-fault driver, he or she might have been using their phone or another device in violation of the law. A dedicated Lakewood attorney can interview witnesses and subpoena cell phone records to determine whether someone was using their phone when an accident occurred.

What to Do after a Phone-Related Car Accident

Anyone who is in a wreck should seek medical attention as quickly as possible. The shock of an accident could mask some injuries, and others are not apparent immediately. Getting a physician’s examination shortly after an accident protects the victim’s health and could provide proof, if necessary, that the wreck was the cause of an injury.

It is imperative for a driver to limit conversation with others about the accident, both at the scene, later, and on social media. Any apology or expression of regret could be taken as an admission of fault, so it is prudent for a driver to say as little as possible. If an insurance company calls and wishes to record an interview, it is best to agree to speak only after consulting an attorney.

Deadlines for Accident Claims

An individual wishing to bring a personal injury claim has two years from the date of the accident to file a lawsuit with the court. However, plaintiffs usually benefit from securing legal services as soon as possible. The sooner a skilled attorney at our firm begins collecting evidence after a texting while driving accident in Lakewood, the stronger the case may be.

Consult Legal Counsel on Texting Driver Accidents in Lakewood

People injured in car accidents have a lot to deal with in the aftermath. Victims may be distracted by financial worries and calls from insurance companies while they are trying to recover from their injuries and return to work.

If you were injured in a texting while driving car accident in Lakewood, a local attorney can be a valuable ally. The legal team at Tittle & Perlmuter can handle communication with insurance companies and negotiate a fair settlement. Call to set up a free consultation as soon as possible and get the guidance you need.

Guide to Ohio Car Accidents

This guide is designed to help you understand the steps to take in the hours and days following a car accident. If you have any questions not covered by the guide, please don’t hesitate to contact us right away.

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