Texting: Driver Liability for Your Personal Injury

A qualified motor vehicle accident lawyer Rockville MD victims trust may be able to help protect your rights if you’be been injured by a driver who was texting. At Cohen and Cohen, P.C., our attorneys have a wealth of experience personal injury victims recover their costs from negligent drivers. Contact our office today to make an appointment for a free, no-obligation case review.

If you have been injured due to someone else’s negligence, you may have questions about obtaining compensation for your injury. Below is some general information that may be helpful prior to meeting with a qualified motor vehicle accident lawyer Rockville MD has to offer.

Motor Vehicle Accidents Caused by Drivers Texting

Reading or writing text messages can be very distracting. Taking your eyes off the road, for even a second can mean drifting into another lane, leaving the road, or simply losing control of the car.

According to the National Safety Council, anywhere from 300,000 to 700,000 motor vehicle accidents occur every year due to people texting while driving. While hands-free and voice-activated technology continue to improve, a top motor vehicle accident lawyer Rockville MD residents trust might explain that texting-while-driving accidents still appear to be on the rise.

Liability for Damages

If your motor vehicle accident was caused by someone texting while behind the wheel, they may be held liable for your property damages and personal injury. Consult a Rockville MD motor vehicle accident lawyer to determine if you may be eligible to recover your costs. The attorneys of Cohen and Cohen, P.C. have helped thousands of personal injury victims collect restitution from those liable for their injuries. Here are some of your potential costs that the at fault driver may be held liable for:

• Ambulance transportation fees
• Emergency room exam, treatment, consultation
• Xrays
• Medications
• Initial and follow up surgery costs
• Rehabilitation
• Specialized medical equipment
• Lost wages for past, present, and future
• Pain and suffering
• Psychiatric and physical therapy

Laws that Ban Texting While Driving

While no state bans all cell phone use for all drivers, 38 states, including Maryland and the District of Columbia ban all cell phone use by new drivers; and 20 states, including Maryland and the District prohibit school bus drivers from using any function of their phone while driving. Washington was the first state to pass a texting ban in 2007. Currently, 46 states (including Maryland), D.C., Puerto Rico, Guam and the U.S. Virgin Islands ban text messaging for all drivers.

As a top motor vehicle accident lawyer Rockville MD has to offer might explain, Maryland’s texting while driving law is considered a  “primary” offense; which means that law enforcement can pull you over without witnessing any other illegal act or violation. This is different from a “secondary” offense, which applies to Maryland’s general cell phone usage laws, in that an officer must have cause to issue a citation for a primary offense before they can issue a citation for a secondary offense – for example, you ran a stop sign while using a handheld cell phone. Running the stop sign is the primary offense, which gives way to a citation for the secondary offense of using your cellphone.

However, these laws do not always work as a deterrent. This can play a role in determining liability in your personal injury case, as insurance companies consider illegal actions when trying to decipher who is at fault.

Younger Drivers and Texting

The Centers for Disease Control and Prevention reports that more than 50% of teenage drivers text while driving. They are naturally at higher risk already for other factors including:

• Lack of experience driving as compared to older drivers
• Their inability to foresee road hazards or anticipate potential accidents ahead of time
• Higher rate of seatbelt non-compliance and other safety habits
• More likely to be distracted while driving due to environmental factors such as music playing and passenger interaction

For these reasons, insurance companies tend to associate higher premiums for younger drivers; sometimes making them more difficult to fully insure. If a teen driver is found liable for your accident, your total costs may exceed their insurance policy cap or maximum payout. In that event, you may want to hire a motor vehicle accident lawyer Rockville MD drivers rely on. Your attorney may be able to file a civil lawsuit on your behalf to recover your costs from the driver and possibly his or her parents.

A Motor Vehicle Accident Lawyer Rockville MD Appreciates

If you are the victim of a motor vehicle accident caused by someone else and were injured as a result, you may deserve compensation. Our attorneys at Cohen and Cohen, P.C. have helped personal injury victims for more than two decades. When you need an experienced motor vehicle accident lawyer Rockville MD drivers believe in, call us at Cohen and Cohen, P.C. today.