Texting while driving is a common form of distracted driving. Although it’s against the law to use your phone to read or send a text while operating a vehicle, that doesn’t stop people, and accidents often result.
People who suffer injuries in texting while driving car accidents in Waterbury need experienced legal counsel. At D’Amico & Pettinicchi, LLC, our lawyers have over a combined century of experience representing car accident victims and ensuring they receive fair compensation.
Connecticut General Statutes § 14-296aa prohibits drivers from using any hand-held electronic device while operating a vehicle. According to the law, a driver is operating a vehicle even when stopped in traffic or waiting at a stop light. A driver must park the vehicle in a safe place to use a hand-held electronic device legally.
Drivers over 18 may use a hand-held electronic device in hands-free mode. However, drivers under 18 may never use any hand-held electronic device, even if it has hands-free capability.
There are exceptions in the law that cover reporting a bona fide emergency situation to the appropriate authorities. There are special provisions that apply only to operators of commercial vehicles and school bus drivers. Our attorneys at D’Amico & Pettinicchi, LLC, can explain those provisions in more detail if they might apply to your case.
When you get into an accident in Waterbury that you believe was caused by a texting driver, it’s critical to find evidence. Our seasoned lawyers know how to locate proof that the other vehicle’s driver was using their phone instead of operating their vehicle safely.
Sometimes, the driver admits they were texting, and the police write them a ticket. In other cases, you or another witness might notice the phone near the driver’s hand. Perhaps you or a witness saw the driver using their phone as the crash was happening.
Even when the driver denies texting while driving, subpoenaing their cell phone records could prove they were using their phone at the time the accident happened. If their vehicle has an in-dash camera, that might provide the necessary proof. Other vehicles’ cameras, traffic cams, and surveillance video could prove that the driver was texting when the accident happened.
The law against texting while driving was enacted to enhance safety on the roads. When a Waterbury attorney can prove a driver was violating a safety law, they have proved negligence per se. In other words, they only have to prove a violation of the law to prove the driver was negligent and responsible for compensating you and other innocent victims of the crash.
However, sometimes, evidence of texting while driving is unavailable or not clear. You could still win your case for compensation. Your lawyer must offer other proof that the driver was negligent, meaning they were not using reasonable care, and their carelessness or recklessness caused the wreck. Crash scene photos, witness statements, and analysis of the damage to the vehicles could provide proof of negligence.
When a driver is negligent, they are responsible for paying the losses you suffered due to the crash. These include:
Our dedicated team of legal professionals can review your case and help you pursue comprehensive compensation for every effect the accident has already had and will have on your life.
Texting while driving car accidents in Waterbury are preventable if people would obey the law. The reckless person who caused your injuries must be held accountable for their actions and make your financial losses right.
At D’Amico & Pettinicchi, LLC, we care about making you whole. Our legal team will pursue the at-fault driver and ensure they pay adequate compensation for the harm they caused you and your family. Initial consultations are always free and can be conducted remotely or in-person. Call now to schedule a meeting.
