Smartphones have become ubiquitous in many aspects of life, and unfortunately, this includes on state roads and highways. Despite substantial efforts by transportation authorities to discourage being on a cell phone while driving, too many people still engage in this inherently reckless behavior every day. This leads to thousands of collisions and hundreds of serious injuries each year.
Texting while driving car accidents in Creve Coeur can potentially serve as grounds for civil litigation. This means you could hold a texting driver financially liable for all forms of harm they caused you to sustain. If a distracted driver caused a wreck that leads you to suffer serious injuries, you should speak with an automobile accident attorney as soon as possible about your legal options.
Missouri Revised Statutes §304.820 made it illegal for people under 21 years of age to use hand-held electronic communication devices while driving. This being so, there is no prohibition for people over 21 years old, making Missouri one of just two U.S. states without a complete ban on texting and driving. The fact that texting behind the wheel is not always against the law in the area does not make it impossible to recover compensation following a vehicle wreck like this.
Motor vehicle operators assume a duty of care to other people around them to act in a reasonable way at all times while driving. Someone who allows themself to be distracted by their phone while in motion is breaching this duty. If their reckless behavior directly leads to them causing a crash, they could be considered legally negligent and liable for ensuing losses.
Through a successful claim, a person injured in a local texting and driving motor vehicle collision could demand restitution for economic and non-economic damages. These damages could include:
A knowledgeable attorney in the area could help someone determine what damages they could file for in their case.
To recover compensation, a plaintiff must prove that someone was on their cell phone while driving. Proving this can require substantial evidence, including police reports, witness reports, photos and debris from the scene, and even subpoenaed cell phone records.
Even if a person hurt in a crash has extensive evidence proving someone was at fault, they may be unable to recover anything if they wait too long after sustaining harm to file suit. M.R.S. §516.120 states virtually all personal injury claims are subject to a maximum filing period of five years following the date of the incident in question. After the deadline is up, it is generally impossible for injured parties to pursue litigation against anyone else involved in that incident.
If someone focuses on their phone instead of the road ahead of them, they put themselves and everyone around them at risk. If a negligent drivers causes this type of accident, people who get hurt as a result may suffer life-altering harm.
If a texting while driving car accident in Creve Coeur caused you physical harm, you may have several legal options for seeking fair financial recovery. Contact our dedicated team today to learn more.