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TEXTING AND DRIVING ACCIDENT LAWYER IN DECATUR AL
Texting and Driving Attorney Near Me
If you or your loved one has been injured by a distracted driver in Alabama, you undoubtedly have many questions. If you or someone you love has been involved in a car accident that was caused by a driver who was texting, you do have legal recourse. Drivers becoming distracted caused eighteen percent of fatal car accidents, resulting in over three thousand deaths. Driving and texting can prove even more dangerous than driving intoxicated. Distracted driving is a leading cause of accidents in the Huntsville area. If you or a loved one has been injured by someone who was texting or using a hand-held cell phone while driving, contact our attorneys for information about your rights. Call 256-534-3435.
Texting Statistics
- Did you know nearly 20% of all traffic fatalities each year could be avoided had it not been for a driver who was texting while driving?
- About 6,000 deaths and half a million injuries are caused by distracted drivers every year.
- Every year, nearly 400,000 people are injured in car accidents involving distracted drivers.
- More than 3,000 people are killed each year by distracted drivers
Causes of Texting and Cell Phone Accidents
Distracted driving accidents can be caused by the following:
- Texting
- Searching in the car or a purse for a phone
- Reading on your phone
- Looking down at the cell phone and dialing
- Having one hand on the steering wheel and another on the mobile device
- Looking back and forth between the road and the phone
- Distraction may include a phone conversation
- Driver may become more aware of the conversation than traffic
- Surfing the internet
- Emailing friends and co-workers
- Video chatting
- Taking pictures, selfies and videos
- Reading magazines and books on phone
- Watching streaming videos and movies
- Motorcycle riders, bicycle riders, and pedestrians looking at phones
Alabama Texting-While-Driving Accident FAQs
What should I do after a texting-while-driving accident in Alabama?
Call 911, request medical assistance, move to safety if possible, and exchange driver and insurance information. Photograph the vehicles, road, injuries, and surroundings, obtain witness contacts, preserve the crash report and records, and note any observed phone use without confronting the driver.
What counts as cell-phone distraction while driving?
Potential distractions include texting, dialing, reading, searching for a phone, calls, email, internet use, social media, navigation entry, video chat, photos, selfies, streaming content, and holding or looking at a device instead of the road.
How can texting while driving be proven?
Evidence may include phone and carrier records, device data, app activity, vehicle infotainment data, witness statements, admissions, video, photographs, social-media activity, event data, and the timing and circumstances of the collision.
Can phone records be obtained after a distracted-driving crash?
Potentially. Relevant records may be requested through appropriate legal procedures, subject to privacy rules and the scope of the case. Carrier records may show communications or data activity but may not reveal the content of every interaction.
Why should electronic evidence be preserved quickly?
Device, app, vehicle, surveillance, and carrier data may be overwritten, deleted, or retained only for limited periods. Prompt preservation requests can identify relevant sources and ask responsible people and businesses to retain material.
Does a traffic citation prove the texting driver caused the accident?
A citation may be relevant, but it does not automatically resolve civil liability. The violation, admissible evidence, right of way, causation, injuries, and conduct of every involved party still require evaluation.
What if the distracted driver denies using a phone?
A denial can be tested against phone records, device data, witnesses, video, social media, crash timing, vehicle movement, police observations, admissions, and other evidence. No single source is always conclusive.
Can an employer be liable when an employee was texting and driving?
Potentially. An employer may be responsible when the driver was acting within the scope of work or when company policies, pressure, hiring, training, supervision, or vehicle maintenance contributed. Work-related messages and dispatch records may be important.
Can a passenger or pedestrian bring a texting-accident claim?
Potentially. Passengers, pedestrians, bicyclists, motorcyclists, and occupants of other vehicles may have claims when a distracted driver’s negligence causes injury. Liability and available insurance depend on the evidence and parties.
What evidence should be preserved after a texting-related collision?
Preserve photographs, video, witness contacts, the crash report, phone and carrier records, device and app data, vehicle event and infotainment data, insurance policies, medical records, damaged property, repair records, and proof of lost income.
What injuries are common in distracted-driving crashes?
Injuries may include traumatic brain injuries, concussions, neck and back injuries, fractures, spinal injuries, chest and abdominal trauma, internal bleeding, lacerations, soft-tissue injuries, disability, and death.
Should I seek medical care if symptoms appear later?
Yes. Some head, spinal, soft-tissue, and internal injuries may not be immediately apparent. Seek appropriate evaluation, explain that symptoms followed a collision, follow treatment recommendations, and obtain urgent help for severe or worsening symptoms.
Should I give the distracted driver’s insurer a recorded statement?
Use caution. An insurer may seek statements about fault, speed, distraction, symptoms, or prior conditions before the evidence and medical effects are clear. Report the crash as required, but consider obtaining advice before giving a recorded statement.
Can punitive damages apply in a texting-while-driving case?
Punitive damages may be requested in some cases, but they are not automatic. They require evidence meeting Alabama’s legal standards concerning the defendant’s conduct, and availability depends on the facts, claims, and applicable limitations.
Can uninsured or underinsured motorist coverage apply?
It may apply when the responsible driver has no insurance or insufficient limits. Coverage could arise through the occupied vehicle, the injured person’s policy, or another applicable household policy, subject to policy language, notice requirements, and Alabama law.
How does Alabama’s contributory-negligence rule affect a texting accident claim?
Alabama generally follows a strict contributory-negligence rule. A defendant may argue that negligence by the injured person bars recovery, making evidence about each driver’s attention, speed, signals, lane position, braking, and right of way important.
What damages may be available after a texting-and-driving accident?
Depending on liability and proof, damages may include medical expenses, lost income, reduced earning capacity, rehabilitation and future-care costs, pain and suffering, mental anguish, disability, disfigurement, loss of consortium, property damage, and other documented losses.
What if the texting driver was using navigation or another app?
Navigation, delivery, messaging, social-media, video, and other app use may be relevant if it diverted visual, manual, or mental attention. App activity, trip records, device data, vehicle systems, and witness testimony may help establish the driver’s conduct.
How long do I have to file a texting-while-driving lawsuit in Alabama?
Many Alabama personal-injury claims are subject to a two-year limitations period, but exceptions and shorter notice requirements can apply. The exact deadline should be evaluated promptly based on the claimant, parties, claims, and facts.
Which Ferguson & Ferguson office handles Alabama texting-and-driving cases?
Ferguson & Ferguson serves texting-and-driving accident clients through its verified Huntsville office at 303 Williams Avenue SW, Suite 321, Huntsville, Alabama 35801, and Decatur office at 211 Oak Street NE, Decatur, Alabama 35601.
Why Choose Ferguson & Ferguson?
If you or a loved one has suffered an injury or death after an accident and you believe texting and driving may have been involved, you should contact an Alabama car accident lawyer today. Our experienced texting and driving lawyers offer free consultations to all accident victims.
Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801
Decatur Office Location:
211 Oak Street
Decatur, AL 35601