Texting has become increasingly problematic when driving. People are constantly communicating for personal and business reasons. In addition to texts and emails, our phones constantly ping for updates on social media, weather, and other apps.
Unfortunately, texting while driving car accidents in Portland are also common and can lead to severe injuries. For legal help with a case, contact our team of knowledgeable car collision attorneys at Giden Asen, LLC today.
Texting and Driving Laws
The law in Portland states that motorists are not allowed to use hand-held phones while driving. This includes typing, looking down at a message or email, and any distraction involving a phone, which can be negligent.
There are no laws that prohibit the use of hands-free devices, such as Bluetooth. However, research shows that speaking on the phone while driving, even hands-free, can be distracting, and anything that causes a motorist to lose focus on the road can be the basis for a lawsuit.
How Can Cell Phone Use Impact an Injury Claim?
If the plaintiff uses their phone while driving and is injured, there may be an argument that they were distracted and contributed to the crash. A claim of that nature can lessen the amount of money an injured party receives or, in some cases, prevent them from recovering altogether.
A person is only liable if they are negligent, meaning they violated one of the rules of the road, which includes driving distracted. If a defendant is speaking or texting on the phone in Portland and this leads to a wreck, that can be the basis of a negligence claim. If they violated a state or municipal law, that can be additional evidence of negligence.
If both drivers were distracted at the time of the collision, then it will be up to the jury to decide who is more at fault and whose negligence caused the crash. If the plaintiff is more responsible, then they will not be able to recover. However, if the defendant is more liable, the plaintiff’s verdict may be reduced based on their own fault but will still be allowed to recover.
How is Texting While Driving Proven?
During litigation, the parties will request records that show their phone usage, including the text messages sent by each. The time of the accident can be correlated to determine whether the drivers were using their phones when they crashed.
Phone records can be obtained in several ways. One is for the parties to obtain them voluntarily; in this case, they must produce them during discovery. They can also be subpoenaed directly from the phone company.
Potential Forms of Damages
When Portland motorists do not follow the law and end up in a texting while driving car crash, both the drivers and passengers can suffer injuries, including broken bones, spinal cord damage, and brain trauma.
These incidents can cause individuals to lose time at work as they recover. Some common damages that can be compensated for include loss of earning capacity, medical bills, property damage, and emotional trauma.
Discover More About Portland Texting While Driving Car Accidents
Texting while driving car accidents in Portland can lead to all kinds of harm to everyone involved. You deserve compensation from the at-fault party for your damages and losses.
The compassionate personal injury attorneys at Gideon Asen, LLC can fight for fair recovery while you focus on healing from your injuries. Schedule an initial consultation with our legal team today to learn more.
