Law enforcement and public health agencies have been publicizing the dangers of texting while driving for years. Yet people still do it, causing accidents that harm others.
O’Connor Cadiz Accident and Injury Law represents people who were hurt in texting while driving car accidents in Elgin. Car crash attorney Carol Cadiz provides personalized representation and is proud to offer services in English and Spanish.
Car Accident Claim Basics
The driver who was responsible for the accident must compensate those who suffered losses in the crash. In practice, the insurance company for the at-fault driver pays the claim.
Even when the other driver was clearly at fault, their insurance company will try to pay as little as possible. You will need persuasive proof of the other driver’s negligence and the economic and non-economic costs of your injuries to obtain a fair result.
When you get hurt in an accident in Elgin caused by a texting driver, working with an experienced injury attorney is essential. We may subpoena the driver’s cell phone records or other evidence, like videos, to prove the driver was using their phone. A legal professional could also help you calculate your damages to ensure you receive appropriate compensation.
Does a Ticket Impact the Case?
To win compensation in a car accident case, you must prove the other driver was negligent, which means they failed to use reasonable care to avoid harming others. Texting while driving is against the law. If the police issued a driver a citation for violating this law, you can use it as evidence of negligence in some cases.
The ticket has little impact if the driver has not been found guilty. But if the driver pays the ticket–or is convicted of texting while driving, their guilt can go a long way towards proving negligence.
An Elgin injury attorney can use the texting driver’s guilt to gain leverage in negotiations with their insurance company. They are more likely to offer a fair settlement when there is irrefutable proof of the driver’s negligence.
Do Not Delay Consulting a Lawyer After a Texting While Driving Crash
People are sometimes reluctant to consult a legal professional, believing they can handle their claim on their own. They then realize the insurance company is not treating them fairly, and they need professional advice. Sometimes people who were seriously injured in a crash need months to recover before they feel well enough to pursue compensation.
Whatever the situation, it is important for injured people in Elgin to consult an attorney as quickly as possible after a texting while driving accident. The statute of limitations, found at 735 Illinois Compiled Statutes § 5/13-202, allows you only two years from the accident date to file a lawsuit (with some exceptions). Although most car accident cases settle before they go to court, a viable threat of a lawsuit is essential to achieve an acceptable settlement.
If your child was injured, the statute of limitations does not begin running until they turn 18, which means they have until their 20th birthday to file a lawsuit. However, evidence may be lost, and at-fault drivers might die or move away, so parents or guardians could sue on their child’s behalf within two years of the accident.
Consult an Elgin AttorneyAbout Your Texting While Driving Accident Claim
Texting while driving car accidents in Elgin can lead to injuries that seriously impact your health and finances. O’Connor Cadiz Accident and Injury Law can help you get justice. Schedule a free consultation today.
