Layton Texting and Driving Accident Attorney
Cell phones provide us with unparalleled convenience, but they can also be a dangerous distraction in some situations. Texting while driving is incredibly risky, and the practice contributes to more than 1,000 injuries and nine fatalities every day in the U.S. It’s crucial for residents of the Layton, Utah area to understand the dangers of distracted driving, and what to do if a distracted driver causes an accident. Texting while driving is a form of negligence, so anyone who causes injuries or property damage to another driver due to texting behind the wheel will bear liability for the victim’s damages. If you have questions, contact Feller & Wendt, LLC to speak with a knowledgeable Layton texting and driving accident attorney.
Why Is Texting and Driving so Dangerous?
Texting while driving is one of the most dangerous types of distracted driving because it encompasses all three types of distraction possible behind the wheel: manual, visual, and cognitive. Manual distractions include things that force a driver to take his or her hands off the steering wheel, such as rummaging for items in the vehicle, adjusting the stereo, or typing a message on a phone. Visual distractions divert the driver’s gaze from the road. This can include a driver turning to look at a roadside accident or police scene, or glancing down at a cell phone screen. Cognitive distractions occupy a driver’s mind when he or she should be paying attention to the road. Texting while driving is essentially all three types of distraction rolled into one.
The National Highway Traffic Safety Administration (NHTSA) estimates that about 660,000 American drivers use cell phones behind the wheel every day, creating enormous potential for accidents to happen. In 2015 alone, more than 391,000 injuries and 3,477 fatalities resulted from texting while driving. Texting while driving remains the leading cause of accidental death among teenagers in the U.S. If you or a loved one was injured in an accident caused by a driver who was texting behind the wheel, a Layton personal injury attorney experienced in texting and driving accidents can help.
Proving Liability for Texting and Driving in Utah
Personal injury law hinges on the concept of negligence, or one party’s failure to meet an acceptable and reasonable duty of care in a given situation. Utah allows police officers to conduct traffic stops for texting and driving as a primary cause, so a police officer doesn’t need another reason to pull a texting driver over and issue a fine. There is an expectation for all drivers in Utah to follow the state’s traffic laws, so texting while driving would constitute a clear violation.
When an injured driver decides to file a personal injury lawsuit against a texting driver, he or she should have some idea of what to expect from the legal process. Proving negligence in a personal injury lawsuit requires proving several elements of negligence in court:
- First, the plaintiff must prove the defendant was present and involved in the situation in question to establish his or her duty of care. In texting and driving cases, this is usually obvious or easily proven.
- Next, the plaintiff must show the court how the defendant breached his or her duty of care. In texting and driving cases, this means proving the defendant was illegally using his or her cell phone at the time of the car accident.
- The plaintiff must be able to show the court that the accident in question would not have occurred if not for the defendant’s negligence.
- The plaintiff must be able to prove the extent of his or her damages. This can include medical bills, police reports, receipts, and any other documentation related to the event in question.
If another driver causes an accident with your vehicle because of texting while driving and causes injuries and other damages, you have a very solid foundation for a personal injury case.
Feller & Wendt, LLC | Texting and Driving Accident Lawyers in Layton
At Feller & Wendt, LLC, we have over 25 years of experience and have helped secure millions in settlements and case awards for our clients in the area. Anyone considering a texting and driving lawsuit in Utah should contact Feller & Wendt, LLC today to schedule a free consultation with a Layton texting and driving accident attorney. Call our office at (801) 499-5060 or contact us online.