Car accidents in Maryland are frequently caused by texting while driving. If you have been injured in a collision and suspect the other driver was distracted, understanding your rights and how this impacts liability is essential. A seasoned Prince George’s County Auto Accident Lawyer can assist you through these intricate issues and advocate for the compensation you deserve. Continue reading to discover more. 

Why is Texting While Driving Dangerous?

Despite existing laws and significant public awareness campaigns, texting while driving remains a prevalent and preventable cause of auto accidents in Maryland. The inherent dangers of this form of distracted driving and its propensity to cause collisions due to inattention are underscored by the National Highway Traffic Safety Administration (NHTSA). The NHTSA starkly illustrates the gravity of the issue, noting that reading or sending a text for just 5 seconds while traveling at 55 mph is comparable to driving the entire length of a football field with your eyes closed. Additionally, they found that in 2023, 3,275 people were killed in motor vehicle crashes involving distracted drivers.

How Can Texting Affect Liability for a Car Accident?

A driver who texts while operating a vehicle and subsequently causes a collision may be held liable under the legal doctrine of negligence per se. This doctrine streamlines the process of establishing negligence by automatically presuming a breach of duty if an individual contravenes a statute or regulation enacted for public protection.

Additionally, texting while driving can significantly influence the scope of damages awarded. Such dangerous driving behavior may be characterized as reckless, potentially resulting in enhanced compensatory awards and even punitive damages. Punitive damages are not designed to make a victim “whole again” but rather to penalize the defendant and discourage comparable transgressions in the future.

How Can I Prove the At-Fault Driver Was Texting?

Proving that another driver was texting at the time of an accident can be challenging. While direct admission is rare, several types of evidence can be used to build a strong personal injury case:

  • Cell phone records: An attorney can subpoena the at-fault driver’s cell phone records from their wireless carrier.
  • Witness testimony: If anyone saw the other driver looking down at their lap, holding a phone, or exhibiting other signs of distraction before the collision, this can support your claim.
  • Police report: Law enforcement at the scene may have noted observations related to cell phone use or if the other driver admitted to texting.
  • Surveillance footage: Traffic cameras, dash cameras, and nearby business security cameras may have captured the scene, showing the other driver’s actions leading up to the crash, including whether they were holding a phone.
  • Expert analysis: In complex cases, you may turn to an accident reconstructionist who can assess the scene and other data to determine the likely cause of the collision, potentially including driver distraction.

Gathering as much evidence as possible will strengthen your case, helping you prove that the other driver’s texting behavior was a direct cause of the accident. At Timian & Fawcett, LLC, we are prepared to help you investigate the circumstances of the accident, collect evidence to support your claim, and fight for the compensation you deserve. Connect with our firm today to learn how we can assist you during these difficult times.