Fatigued driving, drunk driving and speeding are all potential causes for serious car accidents. However, due to our ever-improving technology, texting and driving has become one of the most common reason for an auto accident. A text that someone can’t wait to send can transform into their last action or the death of another passenger or motorist because of someone’s negligence. Someone who survives as a victim of a car accident due to texting and driving may sue for negligence. And a driver who caused an accident may face a wrongful death lawsuit or other litigation. A car accident attorney can help you determine if you have a case to sue for negligence after a car accident.
Determine Negligence and Causation
Once it has been determined that someone was texting and driving and therefore caused the car accident, you must consider a few things. There are four things you must prove to successfully sue for negligence in an injury claim or lawsuit.
- Causation
The legal term of causation takes into account injuries or damages sustained by a victim and deems them caused by another’s negligence. It is the relation between one party’s negligence and another’s injuries caused by that negligence. In order for causation to be determined, it will need to be proven that the injuries sustained were caused by the defendant’s negligence.
- Duty of Care
Drivers on the road owe a duty of care to fellow drivers and pedestrians to be safe and responsible. It is a duty to follow the rules of the road and be as safe as possible when operating a vehicle.
- Breach of Duty of Care
The breach of that duty of care occurs when a driver decides to pick up the phone and text, and subsequently, cause a serious accident because they were not able to focus on driving safely.
- Damages
You can pursue a few different types of damages for compensation after a texting and driving incident:
- Mental and financial stress.
- Emotional stress.
- physical and emotional damage sustained.
A car accident can be traumatic for most victims. If someone feels traumatized or experiences physical pain after the incident, those are considered damages. Your involvement in that experience should have you considering looking up an attorney, like a car accident lawyer Milwaukee WI trusts, to help you determine whether you are able to collect damages as soon as possible.
Thanks to our friends and contributors from Hickey & Turim, SC for their insight into texting and driving.
