If you were hurt because someone’s careless driving while texting caused an accident, we will help with your injury claim. A texting while driving accident lawyer in Phoenix, AZ will help you navigate the process for securing financial damages for your losses.
Arizona Laws About Cellphone Use While Driving
On April 22, 2019, Arizona Governor Doug Ducey signed a law that bans the use of cellphones while driving unless the devices are in hands-free mode. The law prohibits people from talking, texting, typing, browsing social media, or using cell phones for any other purpose while driving.
Police can give warnings to drivers now. Law enforcement officers will start giving tickets on January 1, 2021, when the new law is in effect. Even though texting while driving is not yet illegal, it can be negligent to text while at the wheel. Texting distracts the driver, taking their eyes and attention off of the road. A driver can be at fault for causing an accident while texting.
Avoid These Pitfalls That Could Hurt Your Phoenix Texting While Driving Accident Injury Claim
Insurance companies know many ways to pay people less money than they deserve after accidents. Here are some of the things you should avoid:
A Lowball Settlement Offer
Within a few weeks of a crash, the insurance adjuster might offer you a settlement check. These offers do not come with much explanation. You might not realize that you will have to pay all of your medical bills out of that one check. Some lowball settlement offers do not even pay the medical expenses, and the person gets stuck with a pile of bills she cannot pay.
People often find out later that they should have gotten much more money. A lawyer can help protect you from this tactic.
Settling Your Claim Before Completing Medical Treatment
You should not agree to a settlement of your injury claim until you complete all of your medical treatment and know whether you will have any long-term effects from the accident. You might not have the strength, range of motion, or mobility that you had before.
Sometimes people have to undergo additional medical procedures to get the best possible outcome. Let’s say that you were going through a round of physical therapy when the adjuster offered to settle your injury claim. After the therapy, your doctor decided that you needed surgery. If you had accepted the settlement, you would have to pay for the operation out of pocket.
Making Recorded Statements
Insurance adjusters often call injured people and ask them to give a recorded statement. Do not be tricked into thinking that the statement will be for your benefit. Insurance companies can take your words out of context and twist them into something that you did not intend. Recorded statements give the insurer a tool to devalue your claim, so tell the adjuster to talk to your lawyer instead.
Posting on Social Media
Many people post things freely on social media. Do not post photos or comments about your accident on social media. You do not want to create evidence that the insurance company can pull out of context to use against you.
The Elements of Liability in Driving Accidents
In order to pursue damages, we have to establish that the defendant is legally liable for your losses. Your texting while driving accident lawyer in Phoenix will accomplish that by proving all four of these factors:
- Duty of care. Every person operating a motor vehicle on a public road has a duty to drive safely and pay proper attention. Drivers should keep their eyes and focused on the road, not on gadgets in the car.
- Violation of the duty. When a driver takes their eyes or attention off the road to read or type a text message, change the radio station, talk to passengers in the car, or any other distracting activity, they violate the legal duty of care to drive safely and keep a proper lookout. Failing to live up to the standard of a legal duty of care is negligence.
- If the driver’s distraction from texting causes an accident, the facts satisfy the causation element of liability. The negligent behavior must be the thing that causes the crash.
- The negligence that causes or contributes to the accident must result in measurable damages for you to pursue an injury claim. If you sustain a physical injury, you have a quantifiable loss that satisfies the fourth factor of liability.
Once your attorney proves all four elements, we can also pursue a claim for intangible losses, like pain and suffering.
Types of Losses in Phoenix Driving Accidents
Every case is different. We cannot say how much compensation you can get. The amount of damages you can recover will depend on the facts of your situation. Here are some of the kinds of damages we have won for our clients:
Your medical expenses can include the costs of the initial treatment, ongoing medical care, a stay in a specialized rehabilitation facility if you sustained severe injuries like a traumatic brain injury, long-term care for people whose catastrophic injuries leave them unable to live independently, and necessary equipment and home modifications.
Impact on Wages
Getting hurt in a car accident can cause you to miss out on wages right after the crash and while you are recuperating. Severe injuries can cause you to experience diminished earning capacity or disability. In other words, you might not be able to make as much money as before, or you might not be able to work at all to support yourself and your family.
These intangible losses do not come with a price tag, but they can impact your life in many ways. This category can include things like pain and suffering, post-traumatic stress disorder (PTSD), disfigurement, and the loss of enjoyment of life.
How a Lawyer Can Help with Your Texting While Driving Accident Claim
You do not have to go through this alone. You have a limited time to take legal action and recover damages, so do not delay. An attorney can help you navigate this process every step of the way.
Phoenix Texting While Driving Accident Lawyer Near Me
Call Zanes Law at (833)-890-8329. We will handle the consultation and sign-up in one phone call. The consultation is free.