Texting While Driving Accidents
Distracted driving is among the leading causes of car accidents in Ontario. According to a recent Transport Canada report, distracted driving accounts for more than a quarter of accidents resulting in serious injury each year.
If you live or work in Oshawa and have suffered injuries because a distracted motorist was texting while driving, a distracted driving accident lawyer can help you through a variety of methods, including:
- Collecting evidence to support your insurance claim
- Interviewing witnesses
- Filing, negotiating, or appealing claims with insurance companies
- Pursuing legal action against the other driver
- Arguing your case at trial
- And possibly more
Injuries Caused by Distracted Driving
In the province of Ontario, while it may be permissible to operate electronic devices while driving using hands-free settings, according to the Highway Traffic Act, it is illegal to send text messages while operating a vehicle.
When a driver causes an accident because they switch their focus from the road to their phones, even for a matter of seconds, the consequences can be fatal. Victims who survive serious car accidents may sustain severe injuries, including:
- Traumatic brain injuries
- Broken and fractured bones
- Torn ligaments and muscles
- Amputation of a limb
- And possibly more
Serious injuries may prevent accident victims from returning to work and may limit their ability to participate in routine activities. An inability to work could result in financial distress, in addition to possible medical costs car accident victims may incur.
Victims who’ve sustained serious injuries in an accident with a motorist who was texting while driving could potentially recover accident benefits. If eligible, they might choose to pursue damages against the responsible driver as well. An Oshawa texting while driving lawyer can assist accident victims recover damages incurred because of a careless driver’s negligence.
Since Ontario has strict filing requirements, it may be difficult for injured individuals to pursue an accident claim while prioritizing their physical recovery. By meeting necessary deadlines and filing claims in a timely manner, a texting while driving accident lawyer can help keep your case from being dismissed.
What to Do After a Texting While Driving Accident
The moments following a car accident with a distracted driver can be overwhelming. First and foremost, if you’ve sustained injuries, seeking medical attention immediately can be critical.
Following an accident, law enforcement officers dispatched to the scene of the accident may assess the circumstances of the collision by undertaking an investigation. If a motorist who caused the accident was texting while driving, police may interview witnesses who may be able to confirm that the driver was distracted by their mobile device. It is common practice for law enforcement officers to issue citations to motorists who violate traffic laws, such as texting while driving.
Notifying Your Insurance Company
Regardless of fault, Ontario requires drivers involved in car accidents to notify their auto insurance providers. Involved drivers may be asked to submit to an interview, and provide information about the accident and damages incurred. These damages can include any repair estimates from mechanics who have assessed the vehicle involved in the collision.
Meeting the deadlines stipulated by insurance providers is crucial, as filing information late may prevent victims from receiving accident benefits.
Once your insurance company has been notified about your accident, they may investigate the cause and determine which motorist was responsible for the collision. If you need to appeal your insurance company’s fault determination, an Oshawa texting while driving accident lawyer can provide you with advice and assistance.
Recoverable Damages in a Texting While Driving Accident
Collisions caused by distracted drivers can result in property damage, substantial medical costs, and loss of income. In these cases, auto insurance companies may reimburse victims for the repair or replacement of their vehicles. These companies may also provide accident benefits to cover medical costs incurred because of this collision, as well as income replacement benefits if the victim is unable to return to work.
That said, injuries requiring rehabilitation or long-term care may lead to a substantial loss of future income. Most income replacement benefits are capped at a fixed amount, and may not be adequate to sustain the victim’s quality of life.
In these cases, a texting while driving accident lawyer may be able to help eligible accident victims file a personal injury claim against the other driver and seek damages for both financial losses and pain and suffering.
Call Preszler Injury Lawyers Today
If you have sustained injuries in a car accident caused by a motorist who was texting while driving, call Preszler Injury Lawyers today to discuss your case in a free, initial consultation.