Clayton Texting While Driving Car Accident Lawyer
While the rate of texting-related traffic fatalities has fallen in Missouri dramatically since 2010, 15 percent of all car accidents are a result from distracted driving. While texting while driving may seem harmless, taking your eyes off the road for even a few seconds greatly increases the chance of a crash.
With the guidance of an experienced car accident attorney, you could pursue financial damages from the distracted driver responsible for your injuries. A consultation with a Clayton texting while driving car accident lawyer could provide you with the guidance necessary to get your case started.
Understanding the Risks of Texting While Driving
Texting while driving is risky because it draws the driver’s attention away from the road. Road conditions can change quickly, especially when pedestrians are present. When a driver looks away from the road for only a few seconds, they can travel several hundred feet. In that time, traffic can come to a stop, hazards can become visible in roadways, and pedestrians can enter the driver’s path.
There are additional risks outside of changing conditions in a driver’s lane. It is common for texting drivers to veer into other lanes. This can lead to striking the side of a vehicle in other lanes, colliding with fixed objects, or even running off the road. When a texting driver injures another person in a crash, an experienced Clayton attorney could hold them accountable by filing a civil lawsuit.
Liability in a Texting While Driving Accident Lawsuit
To obtain compensation on behalf of victims, a Clayton texting while driving a car accident lawyer must prove to the court that the other driver was responsible. In any car accident case, the plaintiff must show the other driver was negligent in order to obtain monetary compensation. The four elements of negligence includes:
- Duty of Care
- Breach of the Duty of Care
Duty of Care
Every negligence case begins with identifying the duty of care. Defendants are only responsible for damages if they owed the plaintiff a duty to protect them from harm. However, drivers always owe each other a duty to drive safely.
After establishing that a duty exists, a plaintiff must also show that the defendant violated their duty. Given the inherent risks of texting while driving, a plaintiff could establish this element if they can show that the defendant was texting at the time of the crash.
A defendant in texting while driving case is only responsible for the damages they caused. Damages that do not stem directly from the defendant’s breach are not recoverable, no matter how severe they might be.
Compensation is only available to a plaintiff they suffer actual damages in a crash. Proving a collision occurred is not enough; a plaintiff must also show they sustained bodily injuries, property damage, or some other consequences from the collision.
Contact a Texting While Driving Car Accident Attorney Right Away
Given the risks associated with texting while driver, anyone that survives one of these collisions is lucky to be alive. However, that does not absolve a texting driver of the injuries they cause.
With the help of a Clayton texting while driving car accident lawyer, you could obtain the monetary damages stemming from your injuries. To discuss your potential legal options, set up a free consultation right away.