Motorcycle accidents can be devastating, especially for those riding the motorcycle. You will likely suffer severe injuries and damage to your motorcycle, especially when a larger vehicle, such as a car or truck, hits you.
Texting motorcycle accidents are some of the most common accidents seen out there today.
Texting motorcycle accidents are always the fault of the person who was texting. However, you cannot easily prove that the driver was texting when they hit the motorcyclist.
If you are the victim of a texting motorcycle accident, do not be afraid to reach out to a motorcycle accident lawyer for help proving your innocence and seeking justice. Motorcycle accidents are no joke; you should not be left alone to deal with the consequences of someone else’s foolish driving practices.
How Texting Motorcycle Accidents Occur
If you drive a motorcycle, you know that texting is not an option while on your bike. However, other drivers in enclosed cars or trucks may be more likely to go ahead and text while driving. They are screened by the walls of their vehicle and cannot be seen, so they may feel that they can get away with shooting a quick text in response or starting a conversation.
Texting while driving is illegal. In most states, including California, texting or even using a cell phone while driving is punishable by fines and jail time. In this state, you might receive an infraction and a fine of $20 for a first offense and $50 for subsequent offenses. However, police officers cannot stop a driver simply because they suspect that the driver is texting, so it can be challenging to catch a texting driver in the act.
If a driver texts, they look at their phone, not the road. If you are on your motorcycle nearby, they will not see you, especially since motorcycles are much smaller than other vehicles and harder to see.
Most texting motorcycle accidents occur because a vehicle driver attempts to text while driving their car. They fail to see you on your motorcycle or lose track of the road and hit you.
They may hit you:
- By swerving into oncoming traffic because they are distracted.
- By swerving into the next lane because they are distracted.
- By attempting a turn without looking for oncoming traffic.
- Not stopping in time because they did not notice that you had stopped ahead of them.
If a texting driver has hit you while on your motorcycle, you are not alone. Seek help to ensure that the texting driver is punished for their mistake and that you get the justice you deserve.
What to Do After Texting Motorcycle Accidents
Knowing what you are supposed to do can be incredibly difficult when you are in an accident. The shock of going through such an experience and the pain from various injuries contribute to difficulty in acting wisely and carefully. There is no shame if you forget what to do right after an accident, and it will not be the end of the world if you are too distressed to do anything at all.
However, there are some things that you should do if and when you remember.
You can pick up wherever you are after the accident and start on some processes that will make the whole affair easier for you and your loved ones.
- If you have the time and presence of mind, try to take photos of the accident scene. Pay special attention to any evidence on the road that might indicate how the accident occurred. Be sure also to capture images of injuries and your damaged bike.
- Get contact information from any witnesses on the scene to get a clearer picture of what happened.
- If they are not already there, be sure to call the police, as you will want an official report to provide further proof that a texting driver caused the accident.
- Call your insurance company to report the accident but do not admit fault for any reason.
- Call a personal injury lawyer to build a claim for compensation from the at-fault driver.
- Seek medical treatment and keep hold of all records and bills you receive to show how much you have lost in medical expenses.
- Collect receipts from repairs to your bike and other damaged property, documentation of time lost at work, and other relevant documents.
- Keep a journal detailing how much you lost because of the accident.
If you follow any of these steps, you will be well on your way to building a much stronger claim that you can use to seek and receive the compensation you need from the at-fault driver.
Types of Damages for Which a Texting Driver Can Compensate You
When you are in a texting motorcycle accident, you must keep track of how it has affected you. You can seek compensation from the at-fault driver for both economic and non-economic losses, which will vary slightly depending on the exact circumstances in your case.
The primary damages that you want to watch for include:
- Medical expenses include emergency room visits, surgeries, procedures, ongoing therapy, medication prescriptions, and medical equipment.
- Property damage expenses to repair your motorcycle, a cell phone, or other damaged property.
- Loss of income from the time you took off work to recover
- Loss of earning capacity and future income if you cannot return to the same job and capacity you worked at before.
- Pain and suffering
- Scarring, disfigurement, and humiliation
- Emotional trauma or distress
- Loss of life enjoyment
- Loss of consortium with loved ones
As you can see, there is an extensive range of potential damages you may be able to collect after a texting motorcycle accident. You must speak with a lawyer as soon as possible so they can help you determine what types of damages you can get in your situation. Then, they all help you get the evidence you need to prove your claim and get compensation.
How to Prove the Driver Texted
You need a lawyer to investigate to prove that the driver of another vehicle caused your motorcycle accident because they were texting. However, you certainly want to prove this so that you can legally claim compensation from the person responsible for your losses and injuries.
You must meet four criteria to file a successful claim against a driver.
- Prove that the driver owed you a duty of care that any reasonable person should expect. This duty should be easy to show since anyone driving a car is expected to watch out for others.
- Prove that the driver breached their duty of care and acted negligently, in this case, by texting while they were driving.
- Prove that the driver’s breach of duty caused the accident.
- Prove that the accident led to severe injuries and consequences for you and your loved ones.
Of course, you will need plenty of evidence to prove these four things are true.
You will likely need to gather:
- Medical bills and records
- The police report filled out at the accident
- Eyewitness statements from anyone who saw the accident
- Any photos or video footage from the accident scene, especially those showing damage or injuries
- A journal detailing your personal, physical, and financial losses.
- Statements from family and friends that prove your losses
- Testimony from medical experts can share how your injuries will affect your future.
This evidence will help you prove that the other driver was texting. You can get photos and video footage that show how the other driver’s car moved and how it was likely because the driver was texting. You can see what the police say about the accident and whether they think the driver was texting. You can hear from witnesses who saw the driver texting or actions consistent with those a texting driver might take.
It is challenging to prove that a driver was texting, but it is possible with the proper evidence. You must speak with a personal injury lawyer so that they can help you gather the evidence you need. Finding everything you will need for a strong claim on your own can be challenging. A lawyer can help you get in touch with the police, medical professionals, and others who can provide the evidence that will prove the other driver’s fault and get you justice.
Once you have sufficient evidence, your lawyer will draft an official complaint. The complaint usually goes over the details of the accident and how it hurt your life. Often, complaint letters include photos and other evidence that help prove your losses. Your lawyers will send this letter to the responsible party and their insurance company and ask for compensation.
Once they receive the letter, they have a set number of days in which they must respond. This response will either acknowledge the driver’s fault and make a settlement offer or dispute the driver’s fault entirely. Once you receive the response, you and your lawyer will likely need to gather further evidence to support your claim and make it easier for you to fight for a higher settlement.
During this time, you and the other party may negotiate to see if you can reach a favorable settlement. If you cannot, your lawyer will take your case to court, where a judge and jury will try it. The judge and jury will hand down a verdict and award you the settlement amount they see fit.
As you might imagine, the entire process of pursuing a settlement can take many months or even years to complete. In addition, all states have a statute of limitations during which you can bring a claim to court before it is too late. In most states, that is two to three years. If you want to see compensation quickly to help you pay off medical and legal bills, get in touch with a lawyer immediately.
How a Lawyer Can Help
If you are the victim of a texting motorcycle accident and need help getting the justice you deserve, do not hesitate to contact a personal injury lawyer for help. An excellent personal injury lawyer will provide the legal expertise and support you need to get your claim moving and receive the highest possible compensation to help you pay for your losses.
Connect with a lawyer dedicated to seeing justice done in your claim and who wants to get texting drivers off the road. With a bit of help, you can prove your innocence and get the compensation that is yours by right. Reach out today!