Most drivers know that it is against the law to text and drive at the same time. However, many disregard the law and check their phones, put on music, and even type out messages while driving. When they do so, they take their attention off the road, which can lead to serious accidents and injuries.
If you were injured in a car wreck caused by a driver who was inappropriately using their cell phone, a Lincoln texting while driving accident lawyer from Berry Law can help you recover compensation. Our car accident lawyers will fight for the damages you need to cover your medical bills, car repair costs, and much more!
Texting and Driving Laws in Lincoln
According to Nebraska Revised Statute 60-6,179.01, it’s against the law to use a handheld device to read, write, or send an electronic message while driving. Motorists who break this important rule of the road may be subject to fines ranging from $200 to $500 and points on their license.
Those who choose to use their cell phone while driving may also face a civil suit or insurance claim if they cause a collision. That said, there are several situations where the use of a cell phone while driving is permitted.
For example, using a cell phone that is hands-free or looking at a GPS map on the phone while driving is legal in Nebraska. However, it is important to understand that the driver is taking a risk every time he or she takes his or her eyes off the road.
If you believe the other driver caused your accident because they were texting, you might be unsure how to prove they were distracted and not simply using hands-free GPS. Luckily, a Lincoln texting and driving accident attorney can investigate the crash and gather evidence to hold the driver liable for the incident.
A Texting and Driving Accident Lawyer in Lincoln, NE, Can Gather Evidence
To prove that the other driver caused the collision because they were using their phone, your attorney must conduct an investigation into the motor vehicle accident and gather important evidence.
A lawyer can get ahold of cell phone records documenting calls and texts to show that the driver was distracted by their phone. If the at-fault party was looking at social media or browsing the Internet when they caused the wreck, cell phone records could sometimes even be examined for IP addresses.
In addition to collecting information about the driver’s cellphone use, your attorney will also collect several other pieces of evidence, potentially including some or all of the following:
- The official police accident report
- Photos of the auto accident scene
- Footage of the collision from nearby cameras
- Witness testimony
- Accident reconstructionist testimony
- Your medical records
Once a texting and driving accident attorney from Lincoln, NE, has completed their investigation, they’ll ideally have the evidence required to prove that the distracted driver caused the accident and to hold them liable for damages.
Damages You Could Receive from a Distracted Driving Accident Claim
Next, your lawyer will use the evidence they gathered to file a claim with the distracted driver’s insurance company. If your claim yields compensation, you could receive a number of different damages, including the following:
- Current and ongoing medical expenses
- Emergency medical care costs, including ambulance transportation and hospital stays
- Cost of assistive medical devices, physical therapy, and long-term care
- Vehicle repair bills
- Lost wages
- Decreased earning ability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Berry Law’s Team Provides You With Multiple Attorney Perspectives
What If I Was Also Using My Cell Phone When the Accident Occurred?
If there is a question about who is at fault in the crash, your cellphone use could be an impediment to recovery. However, this is not always going to be the case. For example, if you were rear-ended while waiting at a red light and checking your text messages, your cell phone may not be an issue.
That said, if you and the defendant are found to have both been using your cell phones inappropriately at the time of the car collision, the jury may find both of you at fault to some extent. If you are found to be partially at fault for the incident, you still might be able to collect damages.
According to the state’s fault laws, you’ll be able to recover compensation as long as you aren’t found over 50% at fault for the collision. Our Lincoln texting and driving attorneys can make sure your percentage of fault is set appropriately, giving you the best chance possible at financial recovery.
What to Do After a Distracted Driving Crash
At Berry Law, we know how stressful the moments immediately after a crash can be. That’s why we’ve put together a post-accident checklist of the steps you should take directly after a collision. Take the following actions to drastically improve your chances of recovering compensation for your distracted driving accident injuries and losses:
- Assess your injuries and determine if you need immediate attention
- Seek medical care if your injuries are severe
- Call 911 and let the police file an accident report
- Exchange insurance information with the at-fault driver
- Take photos of the accident scene and your injuries
- Take down the contact information of eye-witnesses
Don’t Wait to Hire an Attorney and File an Accident Claim
Waiting too long to get started on your personal injury claim after a collision could potentially stop you from getting the financial compensation you’re owed. That’s because the state of Nebraska has a statute of limitations that all auto accident victims must abide by.
According to Nebraska Revised Statutes § 25-207, you have four years from the date of your crash to file a civil suit. While this may seem like more than enough time, you’ll want to play it safe and get an early start on your case.
Additionally, there are scenarios when shorter limitations may apply, so it is important to speak with a lawyer to determine the deadlines that apply to your case.
Our Lincoln texting and driving accident lawyers are thoroughly familiar with the state’s filing requirements and, as long as you get in touch with them soon, can make sure your suit is submitted well before the applicable deadline.
Meet With a Lincoln Texting And Driving Accident Attorney for Free
If you were injured in a wreck caused by a driver who was using their cell phone at the time of the accident, you may be eligible for compensation. Following a car crash that was caused by another party, it is not fair for you to be stuck with expensive bills.
To get the money you need to afford medical care, fix your car, and make up for certain other losses you’ve incurred, contact a Lincoln texting and driving accident lawyer from Berry Law. They’ll meet with you for a free consultation to discuss your crash and determine if you have grounds for a claim.
