Texting while driving is a dangerous behavior that can increase the risk of serious car accidents. When someone texts and drives, they not only put themselves in danger but also put everyone around them in danger, including their passengers, other vehicle occupants, pedestrians, and cyclists.
If a driver distracted by their phone caused an accident that injured you in Mississippi, understanding your rights is essential for seeking the compensation needed for your medical expenses, lost wages, and more. Contact Chatham Gilder Howell Pittman PLLC for a free consultation with one of our knowledgeable and skilled car accident attorneys about your case.
The Dangers of Texting and Driving
According to data from the National Highway Traffic Safety Administration (NHTSA), distracted driving was a contributing factor in crashes resulting in nearly 3,300 fatalities in a recent year. The Federal Communications Commission (FCC) also estimates that almost 290,000 people were injured in crashes caused by distracted drivers. That’s 12 percent of all injury crashes reported annually.
Texting while driving makes up a significant portion of distracted driving cases, accounting for roughly 12 percent of all fatal distracted driving crashes, as reported by the FCC. Any time a driver takes their eyes and attention away from the road, they become unable to react to hazards. Reading a text for five seconds while traveling at highway speeds is the same as traveling the length of a football field blindfolded.
Mississippi’s Texting and Driving Law
Mississippi Code 63-33-1(2) states, “An operator of a moving motor vehicle is prohibited from writing, sending, or reading a text message and from accessing, reading, or posting to a social networking site using a hand-held mobile telephone while driving said motor vehicle.”
This law not only penalizes motorists who text while driving but can also strengthen your case for compensation if a texting driver collides with you. If you can prove that the at-fault driver was texting leading up to the accident, that may be enough to establish their liability.
Proving the At-Fault Party Was Texting While Driving
Proving fault in car accidents involves gathering various types of evidence. However, if the driver who caused the accident was texting while driving, it’s crucial that you have evidence proving this specifically. Some of the evidence your lawyer may use to demonstrate that texting while driving contributed to the accident is:
- Phone Records: By obtaining copies of the at-fault driver’s phone records, your lawyer can determine if texts were sent or received by their phone in the moments leading up to the crash.
- Witness Testimony: Eyewitnesses, including passengers and bystanders, may provide insight into the at-fault driver’s actions surrounding the accident.
- Traffic Camera Footage: Surveillance, traffic, or dashboard camera footage may show the at-fault driver holding their phone before the accident, indicating they were using it to read or send a text.
- Police Reports: While generally not admissible as evidence in court, police reports contain valuable information your lawyer can use to assist with their investigation. For example, the police report may note if the responding officer believed texting contributed to the crash, which could lead your lawyer to seek evidence of their texting while driving.
Common Injuries Resulting from Texting-and-Driving Accidents
Accidents caused by distracted driving can result in several long-lasting or permanent injuries to victims. Common injuries resulting from these accidents include:
- Traumatic Brain Injuries: Head trauma caused by a collision can lead to the brain striking the inside of the skull, resulting in cognitive and physical impairment that could be permanent.
- Spinal Cord Injuries: Damage to the spine caused by the vehicle impact can lead to partial or complete paralysis, depending on the severity and location of the injury.
- Broken Bones: Fractures are some of the most common injuries sustained by victims of high-impact collisions, particularly in the arms, legs, and chest.
- Internal Bleeding: Blunt force trauma can damage internal organs and cause bleeding that requires immediate medical attention to prevent the injuries from worsening.
- Whiplash and Neck Injuries: Sudden, jerking movements of the head can cause long-term neck injuries, with whiplash being one of the most common injuries sustained in rear-end collisions.
Options for Victims to Seek Compensation
Victims of texting-and-driving accidents have several options for seeking compensation for their injuries. Since Mississippi is an at-fault state, the first option is to file an auto insurance claim against the at-fault driver’s liability coverage. In Mississippi, all drivers must have the following coverage at a minimum:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
If the at-fault party’s insurance doesn’t cover all of your losses, you can file an underinsured motorist claim with your insurance provider. You can also file a personal injury lawsuit against the driver to seek additional compensation directly from them.
In cases where the at-fault driver doesn’t have the legally required liability insurance, you can file an uninsured motorist claim with your insurance provider or sue the driver directly to cover your losses.
Compensation Available to Texting-and-Driving Accident Victims
Through your auto insurance claim against the texting driver, you can seek compensation for the losses caused by the accident, such as:
- Past and future medical expenses
- Income lost while you were recovering from your injuries
- Income you will lose because your injuries reduced future earning potential
- Physical pain and emotional suffering experienced
- Permanent disability caused by your injuries
- Property damage caused by the accident
An experienced car accident lawyer can calculate the value of your losses and seek fair compensation through settlement negotiations with the at-fault driver’s insurance company.
Contact Our Mississippi Texting-and-Driving Accident Lawyers
Since 1932, Chatham Gilder Howell Pittman PLLC has been providing North Mississippi residents injured in motor vehicle accidents with comprehensive legal representation. If a texting driver caused your injuries, contact our firm for a free consultation with a knowledgeable and compassionate lawyer. We’ll review the details of your case, explain your options, and answer your questions.
