The laws on distracted driving prohibit permitted drivers from sending, reading, or composing text messages while driving. When individuals fail to obey the law, they could be held liable for any damages they cause in a car wreck.
If you or a loved one suffered an injury due to the negligence of another, a Pascagoula texting while driving accident lawyer could help you learn about your legal options and how you could seek compensation for your injuries. Let a dedicated car collision attorney work on your behalf and fight to protect your rights.
Mississippi is not as strict as other states regarding the use of cellphones while driving. There were no laws against cellphone use while driving until 2016. As of July 1, 2016, any driver caught texting or using their mobile device for social media while driving faces a $100 fine. Fines may be higher for bus drivers and permitted drivers. If someone is injured as the result of an incident involving a driver who was texting or communicating by social media when driving, the fine will increase to $1,000.
Since the law went into effect, the actual citations have been low because it could be difficult to determine whether the driver was distracted. Usually, one does not see the driver who hits them. They would have to obtain the cellphone records to decide whether or not it was being used at the time of the accident.
If an individual needs to use their cellphone while driving, it is recommended that they use Bluetooth or some hands-free device.
The use of a cellphone by the defendant at the time of an accident could significantly increase their liability because they are more likely to be viewed as distracted and not paying attention to what they were doing at the time.
The use of a cellphone by the plaintiff at the time of an accident could significantly affect the injury claim to the extent that fault could be assigned to the party using the mobile device. If there is a question about who is at fault for an accident, the person using the cellphone is more likely to be deemed at fault versus a driver who was not using the mobile device.
When both parties are found to be using their cellphones at the time of the accident, the liability of both drivers could cancel each other out. In this case, it is more likely that both of them would be at fault for their own injuries. Injured individuals should reach out to a dedicated texting while driving accident lawyer in Pascagoula for help with establishing liability following a car wreck.
The most crucial evidence in a texting while driving case is obtaining the information about and from the cellphone. While this may seem simple, this information tends to be difficult to get. To collect the cellphone evidence, an experienced attorney could subpoena the phone and then download the phone’s contents. This could allow the lawyer to know when the phone was being used, how it was being used, and where it was being used.
Most of the time, a lawyer cannot get this type of information without filing a lawsuit. Once the lawsuit is filed, the attorney goes before the court to request the cellphone information.
Texting while driving is extremely dangerous and could cause severe damages. When an individual sustains an injury in a car accident, they may be eligible to seek compensation from the responsible party.
A skilled attorney could handle all elements of the legal process such as filing the claim, subpoenaing phone records, speaking to witnesses and collecting evidence to prove their case in court. Speak to a committed Pascagoula texting while driving accident lawyer to learn about how you could seek compensation and get justice for your injuries. Call today to schedule a consultation.