Texting is the primary form of communication for many people in Maryland, and it is not uncommon for a person to send and receive hundreds of texts each day. Unfortunately, though, many people do not stop texting even while they are engaged in other activities, and texting while driving causes many car accidents. Accidents caused by texting while driving often result in significant injuries, and people that recklessly text while operating a vehicle should be held responsible for any harm that ensues. If you were injured in an accident due to texting while driving, it is advisable to speak with an attorney to discuss your rights. At Foran & Foran, P.A., our assertive Maryland car accident attorneys are adept at establishing liability, and if you hire us, we will gather the evidence needed to craft compelling arguments showing that the driver that caused your accident should be held accountable for your harm.
Maryland Laws Regarding Texting and DrivingTexting while driving is not only unsafe, but it is also illegal in Maryland. Specifically, the General Assembly passed a law prohibiting distracted driving. Among other things, it provides that a person cannot use a text messaging device, such as a cell phone, to read, write, or send a text message or any electronic message while operating a vehicle on the part of the roadway intended for travel. People who violate the law may be cited, even if they are not violating any other traffic laws. If they cause an accident, their failure to comply with the law can also be introduced as evidence of their negligence.
Proving Liability for an Accident Caused by Texting While DrivingGenerally, when a person injured in a car accident files a lawsuit against the driver that caused the accident, the injured person, known as the plaintiff, will allege that the driver, or defendant, was negligent. In Maryland, a plaintiff setting forth a negligence claim must show that the defendant had a duty under the law to comply with a certain standard of care and that the defendant acted in a manner that constituted a breach of the duty. Once a plaintiff establishes a duty and a breach, they must prove that the breach caused the plaintiff to suffer actual harm.
In cases involving accidents that were caused by texting, the plaintiff can argue that the Law establishes the duty owed by the defendant, and a violation of the law can be used as evidence of negligence. Generally, a defendant will not admit to texting while driving. Thus, the plaintiff may have to rely on the defendant’s wireless device billing records, police reports, including any citations, and eyewitness testimony to show that the defendant was texting prior to the accident. While the texting does not have to be the sole cause of the accident, the plaintiff must show that the accident would not have happened if the defendant had not been texting and that the defendant’s texting was one of the main factors in bringing about the accident.
Damages Recoverable in a Lawsuit Arising Out of an Accident Caused by Texting While DrivingIf a plaintiff is successfully able to prove a defendant’s texting caused the accident that harmed the plaintiff, the plaintiff may be awarded compensation for the cost of any medical treatment they needed following the accident. If the plaintiff was unable to work because of injuries caused by the accident, they might be able to recover lost wages as well. Additionally, a plaintiff will typically be awarded damages for the intangible harm caused by the accident, such as pain, suffering, and mental distress.
Speak with an Experienced Maryland Car Accident AttorneyTexting while driving is careless and often results in devastating accidents. If you suffered injuries due to a driver texting while operating a vehicle, you should speak with an attorney regarding your potential claims. The experienced Maryland attorneys of Foran & Foran, P.A. are adept at helping injured parties seek damages for their harm, and if you engage our services, we will zealously advocate on your behalf. We have an office in Greenbelt, and we regularly represent people in car accident lawsuits in Bowie and other cities in Prince George's County and Montgomery County. You can reach us to set up a confidential and free meeting through our online form or by calling us at (301) 441-2022.