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Proving Negligence in a Texting and Driving Accident
Proving Negligence in a Texting and Driving Accident

There are so many reasons why people across the country are involved in serious car accidents every day, including fatigued driving, drunk driving, and speeding. One of the most common reasons for auto accidents is texting and driving. For whatever reason, too many people still don’t understand how dangerous these two activities are when combined. The text message someone couldn’t wait to send could become the last thing they do. It might also cause another person’s death as a result of the texting driver’s negligence. And that driver, if they survive the accident, may find themselves the subject of a wrongful death suit or other litigation. A car accident attorney can review your case to see if a negligent driver may be liable for your damages.

Negligence and Causation

If it was determined that someone was negligent because they caused a car accident as a result of their texting and driving, there are four elements that must be proved for a successful injury claim or lawsuit. Those elements are

  1. Duty of Care

All drivers :on the road are held to a certain standard of responsibility that is owed to pedestrians and fellow drivers on the road. The duty of care is intended to keep everyone safe. It is the duty of every driver to follow the rules of the road and be safe while on the roadways.

  1. Breach of Duty

The second element is the breach of that duty. This is when a driver decides to pick up the phone and text their best friend back, and subsequently, they cause a serious accident because they were not paying attention to the road.

  1. Causation

Causation is a legal term that considers the injuries or damages that were sustained by a victim to have been caused by someone else’s negligence. In other words, causation is the relation between one party’s negligence and the damages or injuries that person caused another. In order for causation to be determined, an experienced professional such as the personal injury lawyer Milwaukee, WI trusts will have the burden of proving that the defendant’s negligence caused their client’s injuries.

  1. Damages

There are a few types of damages someone can pursue for compensation after being injured in a texting and driving accident. They include:

  • The physical and emotional damage sustained.
  • Mental and financial stress.
  • Emotional stress. If the victim feels traumatized after the accident or experiences physical pain that requires medical care, those would be considered damages and a value will be placed upon them.

In many cases, a car accident is a traumatic experience for those involved to go through. If you were involved in one due to someone’s negligence, whether they were texting and driving or not, consider talking to an experienced professional as soon as possible.

Hickey & Turim SC Thanks to our friends and contributors from Hickey & Turim LLP for their insight into personal injury practice.

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