What Are My Rights If My Accident Was Caused by Someone Who Was Texting & Driving?
Texting and driving is one of the most lethal forms of distracted driving. Unfortunately, it is also one of the most common. Most people do not recognize the danger of texting and driving upon immediate consideration. After all, you are only taking a brief glance at a text, or an email – what could be the harm?
Contrary to popular belief, texting while behind the wheel is nearly as dangerous as driving blindfolded. In the United States alone, it accounts for approximately 1.6 million collisions annually. If you have been a victim of a texting and driving accident, it is imperative to contact an experienced texting and driving accident lawyer at Reyes Law who will assist you in holding the offending motorist accountable. Here’s how to go about doing that.
The Dangers and Legality of Texting and Driving
In most states across the U.S., it is against the law to text or otherwise operate a mobile device while behind the wheel. The only time at which this is acceptable is if the vehicle is completely stopped and in a parked position in an appropriate area (e.g., a parking lot or curbside). Even on this basis alone, you have the right to file a lawsuit against an individual who is breaking this law. Unfortunately, many drivers do not respect such laws, and thus, endanger themselves and others.
This danger of this habit lies in its multifaceted inhibition to the motorist’s attention and reaction time:
- Cognitive ramifications: The driver cannot fully comprehend all environmental information due to their split attention.
- Visual impacts: Since the driver is looking at their phone, they are not paying attention to the surrounding environment. This is why this habit is compared to driving blindfolded.
- Manual effects: When someone is texting, they are blatantly ignoring that standard and reducing the efficiency with which they control their car.
There are several repercussions that can come about when an individual is engaging in this behavior. If you have been the victim of someone who was texting and driving, you must exercise the following rights:
- The right to pursue legal action and, thus, compensation.
- The right to legal counsel when filing a lawsuit.
Exercising Your Rights as a Victim of Texting and Driving
Whether the driver was issued a citation by police officers or not, you can exercise your right to file suit against them. A successful case will prove the following:
- The guilty driver was responsible for the action as a result of the three distracted driving effects listed above.
- The individual was texting at the time of the crash.
Note that, above, we state that most states outlaw texting and driving. Thirty states prohibit the habit for new motorists, while only 20 states outlaw it for all drivers. Before you pursue legal action, check your state laws to form the foundation of your case.
Proving liability in a texting and driving accident can pose quite a challenge. People tend to be relatively covert when engaging in this type of …
Can I File a Claim If I Sustained a Neck Injury Due to the Negligence of Another?
Neck injuries are some of the most common injuries that people incur in preventable accidents. They can happen within the blink of an eye – with any sudden movement that causes a sharp, abrupt change in direction of your neck. Whether your neck injury was caused by a negligent driver in a car accident, or someone’s lack of care during work hours, it is important to contact the experienced personal injury attorneys at Rutter Mills to assist you in filing a lawsuit to claim damages after your neck injury. For everything you must know about filing a claim when a negligent party has inflicted harm upon you, see the guide below.
Kinds of Neck Injuries You May Experience in an Accident
Whether you find yourself in a car crash, a work mishap, or anything in between, there are a myriad of neck injuries that you may be subject to. It’s important to know that these wounds are not exclusively to sprains or tweaked nerves. At times, they can become quite severe. Still, they all require merit a visit to the doctor as soon as possible. The types of neck injuries you might suffer from as the result of an accident include:
- Ruptured or torn discs, specifically in the cervical vertebrae.
- Herniated discs. In these cases, the spinal cord or adjacent nerves can be severed, possibly leading to irreversible damages.
- Muscle strains and sprains. In addition to possible nerve damages, your ligaments and muscle tissue can be overextended, leaving your with a stiff neck. These effects may stretch throughout your shoulders, upper back, and arms.
- Cervical fracture or dislocation. These are extremely serious and require immediate medical attention. These are further examples of neck injuries that can result in permanent or extended paralysis. In worst-case scenarios, your life may be on the line.
Each of these neck injuries serves as the foundation of a legitimate personal injury claim. It is best that you exercise your right to such legal action, especially if someone else was responsible for causing them. You should not be expected to cover the costs of your medical treatment, since these injuries were not the consequence of your own actions, but someone else’s.
Filings a Claim for Your Neck Injury
The very first thing you must do after the incident is seek medical attention. You may not be able to discern the full extent of your wounds at the scene, so it is best that you rely on a licensed physician to provide this insight. Their documentation of your physical condition is essential to building your case.
The average settlement amount for a neck injury can fall anywhere between $5,000 to $50,000 – far exceeding that in the case of paralysis. It’s tough to secure such figures on your own, so you must contact a personal injury lawyer as soon as possible. Along with the records you attain from your doctor, your lawyer’s investigation into the incident will ensure that you can secure the funds to cover:
- Medical
Journey
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Are Personal Injury Claims Being Impacting by the Pandemic?
The impact that pandemic has had on many industries has been devastating.
But what is the impact Covid-19 has on personal injury claims?
Life is starting to return back to normal, but some places are still closed, disrupting your daily life. Things have slowed down, including the process of personal injury claims. But you must stay diligent and continue to work to get the justice you deserve.
After Being Injured
Once you have been injured, you must receive medical attention right away. Failing to do so will impact your insurance claim, delaying it even more.
Once you receive medical treatment, you must follow through with all of the orders from your doctor. Again, this will only strengthen your claim. It also helps to document everything you can about your injuries, including all medical expenses. The more thorough, the better.
Dealing with Insurance Companies
The good news is, even during the pandemic, insurance companies have been able to continue to work. However, there have been some changes, such as employees working from home or limiting hours.
But even with these changes, filing a claim, inputting the details, negotiating, and even agreeing to a settlement can easily be done virtually, meaning these claims shouldn’t see sufficient delays.
Involving the Courts
Unfortunately, some personal injury claims must go to court. And this is going to cause a huge delay.
Courts have had to make major changes by limiting the number of cases they take each day due to social distancing. And any emergency case is going to take precedent over your personal injury claim, causing even longer delays.
If the courts are involved in your claim, be prepared for your claim to take additional months. Just keep in frequent communication with your lawyer and they will be able to alert you the status of your claim with the courts.
Personal Injury Lawyers
Whenever you are involved in a personal injury claim, you should be working with a personal injury lawyer.
Looking for a skilled personal injury lawyer in Philadelphia? Edelstein Law is still open during the pandemic and can assist all clients virtually if needed.
To start working with the team at Edelstein Law, we recommend contacting them as soon as possible so you can start with your claim so you can receive the medical compensation you need sooner rather than later. …
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