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 Texting/Distracted Driving
Is being in a phone conversation still dangerous, even if it’s “hands free”? Does using a hands-free device make the driver more at fault?
Anything that can take your attention away from the roadway and act of driving is potentially dangerous. This includes hands free talking. While this type of communication is arguably better than texting and driving you can still harm or kill someone through distracted driving of any sort. If you or a loved one has been …
A distraction in a distracted driving refers to anything that takes your full attention away from the act of driving. Something as simple as changing the radio or as complex as sending a text are examples of distracted driving. This type of driving kills people. You should avoid any type of distraction while on the …
I believe I was injured in a distracted driving accident. Can my insurance company access the other driver’s phone records if it is believed they were texting while driving?
If you believe you were injured by a distracted driver it is possible to get their cell phone records. Your lawyer or insurance company can send a subpoena to the cell phone carrier of the defendant and get the records. If the other driver was on the cell phone it can be proof of negligence …
Using your cell phone while driving is dangerous and reckless. You could kill yourself or someone else. If you cause an injury, there is a likelihood a personal injury lawyer will sue you. You could also be charged with a crime. Put the cell phone down.
Will Kentucky be introducing new legislation that would enact harsher penalties on those who text and drive?
It will be up to your representatives to enact legislation to enact harsher penalties on those who text and drive. On the civil side of distracted driving your personal injury lawyer can argue for punitive damages in a distracted driving case.
Distracted driving is a big problem in Kentucky because distracted drivers kill people. Every life is important and taking small steps to avoid distracted driving can save lives. I am a personal injury lawyer. People call my office every week with reports of drivers on their cell phones or eating food. A text can …