If you have been hit by a driver who was texting while driving, you have a good chance of winning a lawsuit.
An injury lawsuit based on texting while driving is filed by the victim of the distracted driver, or in the case of a fatality, filed by the victim’s next of kin, to recover damages.
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You can also get answers about injury from vehicles from our Distracted Driving FAQ below.
Frequently Asked Questions About Distracted Driving
Distracted driving can be difficult to prove in a car crash lawsuit. You can prove it through witnesses or evidence. If someone saw the distracted driver or if cell phone records indicate distracted driving than the case will be easier to prove. A personal injury lawyer can help you evaluate the strengths and weaknesses of …
Fault is determined by a jury. In Kentucky a jury is permitted to divide fault as they see fit between two parties. If two people are texting and driving, but one runs a stop sign and another does not it is likely the person who blew the stop sign is more at fault than the …
It is unlikely a cell phone provider or manufacturer can be sued for a distracted driving crash. It could be argued the provider caused or contributed to the crash, but a very specific fact pattern would be necessary. If you think there is a case, consult with a lawyer.
You should consult with a personal injury lawyer if you are injured by a police officer that was texting while driving. Texting while driving is dangerous and the police officer knows this. By texting and driving the police officer is subjecting others on the roadway to serious bodily injury and death. As a result, if …
I was jaywalking and was hit by a distracted driver. Can I sue the driver even though I was breaking the law?
It is possible you can sue a distracted driver even though you were jaywalking. A jury can assess different liabilities to each party. They may hold that the distracted driver is 50% at fault and you are 50% at fault. A personal injury lawyer needs to look at the factual scenario and evaluate the case …
I have anxiety from an accident caused by a distracted driver. Can I sue for psychological or psychiatric treatment?
You can sue for psychological or psychiatric treatment following a car crash with a distracted driver. It is important to get the counseling you need and document your injuries. The medical records will help your lawyer prove the damages you sustained. A personal injury lawyer is the type of lawyer you need.