Texting while driving may not seem like a major safety risk for some people. After all, most people could read or respond to a text in a matter of seconds. However, those seconds could quickly result in a devastating motor vehicle accident under the wrong circumstances.
When a driver who was texting causes an accident, anyone they injure as a result could bring a legal claim against them. A skilled car crash attorney could evaluate these claims and advise the injured party of their legal rights.
While a texting driver could cause a crash, it is not always simple to demonstrate fault. Therefore, if you were in a Castle Rock car accident caused by texting and driving, a local lawyer could assist you in building a strong case and prevailing at trial against the negligent driver.
In Castle Rock, texting while driving regulations fall under Colorado Revised Statute §42-4-239. Under this law, drivers are barred from text messaging while behind the wheel. However, there are some important exceptions to this rule. A motorist may utilize a mobile phone while driving during the course of an emergency or to contact any public safety entity.
These regulations can have an impact on more than just a motorist’s driving record. If a driver is convicted of texting while driving at the time of a vehicle accident, a Castle Rock attorney could use that conviction as evidence of negligence in a civil claim.
To prove negligence at trial, it is not enough for a Castle Rock attorney to merely allege the defendant caused the car wreck because they were texting and driving. Proving negligence requires more than allegations; it requires evidence of a few specific factors. These include:
Every motorist owes a duty to others on the road to drive safely. The act of texting while driving is a breach of that duty. Some forms of evidence that could establish a driver was texting at the time of an accident may include eyewitness testimony or an admission by the driver. While this evidence might sway a jury, the at-fault party’s phone records are often the most powerful evidence available.
These records can show the exact time that a person was using their phone. If these times match up to the time of the crash, this could prove that a defendant was texting and, therefore, violated their legal obligation to drive safely.
Texting while driving is a dangerous activity that puts other people at risk. If you were in a Castle Rock car accident caused by texting and driving, you could have a strong legal claim against the careless motorist.
A lawyer could assist you throughout the process of bringing that claim from negotiating a settlement to filing a lawsuit. To begin the litigation process, schedule your consultation today.