Texting and other types of distractions while operating a motor vehicle is dangerous and could result in serious motor vehicle collisions. If a driver was distracted while operating a vehicle, they could be held liable for damages. A George County Texting While Driving Car Accident Lawyer could guide you through holding negligent motorists accountable for their actions.
With the assistance of an experienced car accident attorney, you may be eligible to recover compensation for your medical bills, lost wages, pain and suffering, loss of enjoyment of life, mental anguish, and other costs stemming from the crash. It is best to discuss your case with a seasoned attorney who could calculate your losses and help you recover the full value of your damages.
In response to the increased amount of distracted driving accidents, many jurisdictions have adopted various prohibitions on the use of handheld devices while behind the wheel. Per Mississippi Statute Section 63-31-1, it is unlawful to use any handheld device to send or received text-based messages. In addition to mobile phones, this statue covers PDAs, tablets, or other devices able to send or receive electronic messages. The statute bars not only texting but also sending or receiving any typed messages through text apps or e-mail as well. The statute also explicitly bars the use of social media sites. This includes more than simply posting to these sites. Any attempt to access, read, or add content to a social media site is prohibited while driving.
There are some important exceptions to this statute. The law does not prevent drivers from using handheld devices to make or receive calls. It also allows for texting or sending other electronic messages using a hands-free or voice-operated system. The statute also excepts the use of texting during emergencies, or to access traffic or weather reports. Finally, messages related to operating or navigating the vehicle are also exempt.
Proving to a jury that a driver was texting at the time of the crash could be challenging, especially given the range of exceptions written into the statute. There are several powerful tools available to a George County attorney to prove that a distracted driver caused the car accident. For example, a citation from police or an admission by the negligent driver could be the strongest potential evidence in a civil trial. Juries could take the officer’s word that the defendant was texting, given that they are a neutral third party. An admission from the driver is also powerful evidence. Witness testimony could also be used to determine whether the defendant was texting or on their phone at the time of the crash.
Additionally, the defendant’s cell phone records would be the useful type of evidence at trial. While a defendant is unlikely to give up their records freely, the court has the power to subpoena those records. These minute by minute records could establish whether the driver was using their mobile device at the time of the crash or not.
The stress of dealing with a texting while driving accident could be significant. Pursuing these claims requires significant investigation and a strong understanding of the law. A skilled attorney could advoate on your behalf and help you get the compensation you need. To ensure you maximize your chance at financial recovery, let a George County Texting While Driving Car Accident Lawyer assist you with the process. Call right away to set up an initial consultation.