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Texting while driving hits both causes for personal injury claims

On Behalf of | Mar 31, 2021 | Motor Vehicle Accidents |

When someone injures you in Ohio, you may have certain legal rights. If you are injured on someone else’s property, you could possibly file a claim against their homeowner’s insurance. If they cause the car crash, you may also be able to make a claim against their car insurance.

Sometimes the costs that someone incurs are beyond what insurance will cover or they discover after getting hurt that the other person doesn’t have insurance. After a crash caused by someone who was texting at the wheel, you likely hope to hold them accountable for the impact of their bad decisions on your life. The good news is that texting while driving in Ohio typically meets the requirements for a personal injury claim.

Texting is both a wrongful act and a form of negligence

State law prohibits the manual entry of text information in to a phone while driving. Typing a text message or reading one while in control of a vehicle is against the law. Wrongful acts or lawbreaking will typically leave someone vulnerable to a personal injury claim by anyone affected by their illegal activity.

Additionally, texting while driving could easily fit the criteria for negligent behavior. The average person would recognize that texting or using a phone instead of watching the road is unsafe or dangerous behavior. If the average person would agree that it was a dangerous decision, then the courts are likely to agree with a plaintiff who asserts that the behavior was negligent

If traffic cameras or phone records clearly show the use of a device while driving, was someone hurt in the crash that results could potentially build a legal case against the driver who left them with substantial property damage or injuries.

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