Hit by a Texting Driver? Three Things You Should Know

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This March, New Mexico became the 42nd state to approve and enact a ban against texting while driving. The law will go into effect on July 1, and it has receive bipartisan support.

Lawmakers around the country are ready to crack down on texting while driving, considering that it makes people an incredible 23 times more likely to crash, and, during the time it takes to answer a text, the average driver will take their eyes off the road for a space the length of a football field. Frightenly, 55% of young drivers still claim it’s “easy” to text while driving.

If you are hit by a texting driver, it’s possible that both you and your car have suffered injuries and damages that could easily cost you thousands of dollars — money you might not easily have access to. If you aren’t getting the funds you need to cover costs, you’ll probably need to hire a personal injury accident attorney. Here are three important things to keep in mind during this process.

1. Finding Who is at Fault Can Determine Who Pays

In a car crash, you typically have to pay for damages that correspond to how at fault you were. If you were making an illegal turn and hit a pedestrian who was jaywalking, you might both be found liable for 50% of damages. If motor vehicle accident lawyers can help you prove the other person was texting, you can avoid having to pay for an unfair share of damages when it was not your fault.

2. What Your Attorney for Auto Accidents Can Do for You

Did you know that teens who text spend an average of 10% of that time outside of their correct lane? You might realize that it’s likely that the car that hit you was texting. Sometimes, though, by the time the police come, there’s little proof. Auto crash attorneys working on your behalf can get records of the defendant’s phone usage in order to prove that they were actively checking and using it at the time of the crash.

3. Should I Settle Without a Car Collision Attorney?

Although you always have this option, most with experience in this section of law would likely advise you against settling without a personal injury accident lawyer present. Many people don’t understand the full legality of what they’re agreeing to — one man in Florida, for example, recently lost the $80,000 settlement he had received because he accidentally violated the privacy clause. If you’re not familiar with settlements, $40,000 might seem like a fair deal — yet it turns out that this is because you forgot to take likely future medical costs into account, and really, it’s $20,000 below what you would need to cover that.

Are you dealing with a personal injury accident? Let us know in the comments. For more about this, go here.

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