Distracted driving endangers drivers, passengers, and pedestrians and is a leading cause of motor vehicle accidents. According to the National Safety Council, cell phones are involved in 27 percent of all car crashes. To combat the increase in distracted driving accidents, many states have instituted laws limiting or banning the use of cell phones and other electronic devices while driving.
Car accidents caused by careless or reckless distracted drivers can leave a victim with medical bills, potential lost income, and other damages. If you or someone you know suffered an injury due to the negligence of a distracted driver, a Gautier texting while driving car accident attorney can work on your behalf and fight to protect your rights. Reach out to a knowledgeable car accident attorney to discuss your case.
Mississippi’s law prohibits driving while using a handheld cellphone or portable electronic device to write, send, or read a text message or access social network sites. A texting ticket has a $100 fine in Mississippi, and if someone is injured by a driver who was texting or using social media, the penalty will increase to $1,000. Although texting while driving is illegal in Mississippi, there is no hands-free cellphone law and no restrictions on making, receiving, or talking on a phone while driving.
Proving Distracted Driving
For a claimant to recover compensation following a car accident, the plaintiff must show that the defendant was negligent. Proving negligence requires proof that the defendant owed a duty of reasonable care to the plaintiff, breached that duty causing the plaintiff injury, and the plaintiff has damages as a result of the injury.
For car accidents involving texting and driving, it may be challenging to prove that the driver was distracted from texting. A citation from a police officer to a defendant for a cell phone would be valuable evidence to prove fault in the plaintiff’s case. Additionally, obtaining information from the defendant’s cell phone may be required to show the defendant was texting at the time of the accident.
Under Mississippi law, a driver found to be partially at fault for the accident may be limited in recovering damages. A victim’s compensation is reduced by the percentage of fault attributed to him or her. An experienced personal injury lawyer can subpoena the needed evidence to establish the elements of negligence in your case.
Mississippi law requires a victim to bring their claim within three years of the accident to recover damages from an auto accident. Damages are usually recovered from the defendant’s insurance company or from a personal injury lawsuit. In personal injury cases, a plaintiff may pursue compensatory damages to compensate for their financial losses.
Depending on the severity of an accident and the scope of the injuries, damages might include lost wages, medical expenses, and pain and suffering. A local personal injury lawyer in Gautier could help determine personal damages and fight for adequate compensation.
Speak with a Gautier Texting While Driving Car Accident Attorney Today
Texting while driving is hazardous and can cause severe damages. If a distracted driver has injured you, you may be able to bring a civil claim for negligence. A well-practiced Gautier texting while driving car accident lawyer can help you understand your legal options and decide how to best proceed. Contact our attorneys today.