Texting While Driving: A Major Concern in Phoenix
Texting, phone calls, and other forms of cell phone use while driving are still huge problems in America, despite the prevalence of hands-free devices. Drivers know how dangerous it is to use a cell phone while driving, but still do it anyway.
Did you know that sending or reading a text while driving at 55mph or higher is like driving the length of a football field with your eyes closed?
If you were injured in an accident that was caused because the other driver was using their cell phone, you deserve justice. The Phoenix texting while driving lawyers at IBF Law Group utilize a client-centered approach to recover the highest amount of compensation possible for your injuries and other damages you have sustained.
Is Texting While Driving Against the Law in Arizona?
In 2021, Arizona's “Hands-Off” law went into effect, making it illegal to use a cell phone or other type of stand-alone electronic device while operating a vehicle unless it is equipped with a hands-free device. Drivers are not allowed to hold or support their phone with their body, read messages
Recovering Damages in a Distracted Driving Accident Claim
Potentially recoverable damages include:
- Medical Expenses: Compensation for medical bills, including hospital stays, surgeries, doctor visits, physical therapy, and ongoing medical care.
- Lost Wages: Reimbursement for the income lost because of the inability to work during recovery.
- Loss of Earning Capacity: If the injury results in a long-term or permanent disability that impacts the victim's ability to earn a living.
- Pain and Suffering: Compensation for the physical pain and emotional despair endured as a result of the accident.
- Property Damage: Coverage for the restoration or replacement of the vehicle and any other property damaged in the accident.
- Loss of Consortium: Damages granted to the spouse or family members for the loss of companionship and support due to the victim's injuries.
- Punitive Damages: In cases where the at-fault driver's behavior was especially reckless or egregious, additional damages may be granted to penalize the wrongdoer and prevent similar conduct in the future.
How Distracted Driving Affects Insurance Claims
Distracted driving accidents can complicate the insurance claims process, but it’s crucial to understand how these accidents are handled by insurance companies. Here's a breakdown of the key aspects:
How Distracted Driving Impacts the Claims Process
When a driver is distracted, their negligence becomes a central factor in the claim process. Common distractions include texting, using a phone, eating, or adjusting the radio. To prove that the other driver’s behavior was negligent, you may need to gather evidence, such as:
- Phone records: If texting or calling was involved, phone records can show when the driver was using their phone.
- Witness statements: Eyewitnesses who saw the driver texting or not paying attention can strengthen your case.
- Dashcam footage or surveillance videos: In some cases, cameras on the road or nearby businesses may have captured the distracted driving behavior.
Insurance Company Tactics to Minimize Liability
Insurance companies will often attempt to minimize payouts, especially in cases of distracted driving. Common tactics they use include:
- Disputing the cause of the accident: The insurer may argue that the accident was caused by something other than distracted driving, such as weather conditions or mechanical failure.
- Questioning the severity of injuries: They may downplay your injuries, claiming they aren’t as serious as reported or suggesting pre-existing conditions contributed to your pain.
- Offering a low settlement: They may offer a quick, low settlement hoping the victim will accept it without understanding the full extent of their injuries or long-term costs.
It's important to have a skilled attorney to negotiate with insurance companies and ensure that you receive fair compensation.
The Role of Traffic Laws in Distracted Driving Cases
Arizona’s traffic laws are designed to protect pedestrians and drivers by holding distracted drivers accountable. Understanding these laws can help establish liability in your case.
Arizona Traffic Laws and Their Impact on Liability
In Arizona, laws are strict when it comes to distracted driving. Some important regulations include:
- Texting and driving: Arizona's "hands-free" law makes it illegal to hold a phone while driving unless it’s hands-free. Violating this law is considered negligence.
- Due care: Drivers are required to exercise due care and pay attention to the road, which is a critical component in proving negligence.
If a driver breaks these laws and causes an accident, they can be held legally responsible for the injuries or damages sustained by the victim.
How Traffic Citations Can Strengthen Your Case
If a distracted driver receives a traffic citation for their actions—such as texting while driving—this can serve as strong evidence in your case. A citation directly ties the driver's illegal actions to the cause of the accident, making it easier to prove negligence. For example:
- Texting while driving ticket: If the driver receives a citation for texting, it provides concrete evidence that they were not paying attention to the road at the time of the accident.
- Speeding or reckless driving: If the driver was cited for speeding or reckless behavior, it strengthens your claim that their actions led to the collision.
These citations can help your attorney argue that the driver’s behavior was not only illegal but also directly responsible for the accident, making it easier to win your case and receive fair compensation.
Frequently Asked Questions (FAQs) About Distracted Driving Accidents
What should I do immediately after being involved in a distracted driving accident?
- If you're involved in an accident with a distracted driver, the first thing you should do is ensure everyone's safety. Move to a safe location if possible, then call 911 to report the accident. Make sure to take photos of the accident scene, exchange information with the other driver, and gather contact details from any witnesses. Lastly, contact a lawyer to help guide you through the claims process.
Can I file a distracted driving claim even if the other driver wasn’t ticketed for texting?
- Yes, you can still file a distracted driving claim even if the other driver wasn't ticketed. Insurance companies will look at the evidence to determine negligence. For instance, phone records, eyewitness testimony, or dashcam footage can all be used to prove that the driver was distracted at the time of the accident.
How long do I have to file a claim for a distracted driving accident in Arizona?
- In Arizona, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. This means you have two years to take legal action against the at-fault driver. However, it’s advisable to contact an attorney as soon as possible to ensure you have the best chance of a successful claim.
Will my insurance cover my medical bills if the other driver was distracted?
- Your insurance may cover your medical bills, depending on your policy. If the other driver is at fault, their insurance should be responsible for covering your damages, including medical expenses. If they do not have sufficient coverage or if you cannot identify the at-fault driver, your own uninsured/underinsured motorist coverage may help.
What if the distracted driver denies they were texting at the time of the accident?
- If the driver denies texting or being distracted, your attorney can help gather other forms of evidence to support your case. This could include phone records, witness statements, or any available video footage from traffic cameras or nearby businesses. It's important to work with a lawyer who has experience handling distracted driving claims to ensure your rights are protected.
How can I prove the other driver was texting while driving?
- Proving that the driver was texting can be challenging, but it is possible. Your attorney can request the driver's phone records, which could show if they were texting or on a call at the time of the accident. Additionally, eyewitness accounts or surveillance footage from the scene may be helpful in proving the driver’s distraction.
Can I still recover damages if I was partially at fault for the accident?
- Yes, Arizona follows a comparative negligence rule, meaning that even if you are partially at fault for the accident, you can still recover damages. However, your compensation may be reduced in proportion to your percentage of fault. For example, if you’re found 20% at fault, your damages will be reduced by 20%.
Contact Our Phoenix Distracted Driving Accident Lawyers Today
Distracted driving accidents are preventable, yet they continue to occur, leaving victims to deal with the aftermath. IBF Law Group is here to help. Our Phoenix distracted driving accident lawyers are dedicated to providing compassionate and effective legal assistance. We understand the challenges you face and are committed to guiding you through the legal process with skill and determination. We will evaluate your case, answer your questions, and deliver you with a clear understanding of your legal options. Let us help you seek justice and secure the compensation you need to move forward.
Don't let insurance companies take advantage of you. If you’ve been in a distracted driving accident, contact us at (602) 833-1110 and let our experienced lawyers fight for your rights.
