Texting While Driving
It is common for accidents to occur when a driver is not devoting their full attention to the road. When someone is paying more attention to their phone, food and drink, other passengers, or distractions on the side of the road, it can lead to disastrous outcomes. If you were hurt in a texting-while-driving car accident in Boise, seek legal help.
The experienced car crash attorneys at Parke Gordon Law understand how to prove negligence in a distracted driving case. We can prepare a strong case and help you secure fair compensation for your injuries.
What the Law Says About Drivers and Texting
There are three types of distractions that can divert someone’s attention from driving. Visual distractions take your eyes off the road, manual distractions take your hands off the wheel, and cognitive distractions take your attention away from the road. Texting combines all three of these distractions.
Idaho Code § 49-1401A bans drivers from using hand-held electronic devices while operating a vehicle. The ban includes texting, speaking on the phone, accessing the internet, or any other activity that requires you to use your hands. You can use your phone while driving only if it is in hands-free mode.
If the driver was distracted by their phone and not complying with the law when the crash happened, they may be at fault. Our attorneys in Boise will review any available video, witness statements, and the driver’s cell phone records to find evidence of texting or other prohibited cell phone use while driving.
Can Texting Impact Accident Liability?
When you get into a car accident and the other driver was at fault, they owe you compensation. Evidence of texting while driving is important to prove that the other driver was responsible for the accident; it is a violation of a safety law, which is negligent.
In certain situations, you may also have some liability for the crash. Idaho Code § 6-801 allows an injured person who was partially responsible for an accident to claim damages, but only if their portion of the fault was less than 50 percent. When there is proof the other driver was texting, your share of the blame is likely to be lower in most circumstances.
If you were partially responsible, the damages you collect will be reduced proportionately to your degree of fault, and insurance companies will try to assign more blame to you to reduce their liability. Our experienced Boise attorneys are familiar with insurance company tactics in these cases and will fight to ensure the texting driver carries a fair portion of the blame.
