Texting While Driving Accidents

Today’s technology allows us to remain connected to work and our loved ones at all times. The ability to be in constant communication via text message can be beneficial in certain circumstances. In some situations, however, such as when a person is driving, text messages can be a detrimental distraction. Sending or reading text messages while driving is unsafe and is a rising cause of car accidents. If you were involved in a texting while driving accident, you should consult an experienced New Hampshire car accident lawyer to discuss your legal recourse for pursuing damages. The attorneys of Peter Thompson and Associates have over 60 years’ experience assisting New Hampshire residents injured in car accidents. We will work diligently to develop convincing arguments that will provide you with a strong chance of a good result under the facts of your case.

In 2015, New Hampshire passed what is known as the Hands Free Law. This law, set forth at Section 265:79-c of the Motor Vehicle Code, prohibits the use of any hand held mobile electronic device while driving or stopped in traffic. The law specifically lists reading, composing, or viewing any electronic messages, such as text messages, as prohibited activities.

Lawsuits pursued to recover damages sustained in a car accident typically set forth a theory of negligence. In New Hampshire, to prove liability for a car accident based on a theory of negligence, you must show that the defendant owed you a duty, he or she breached the duty, the breach caused the accident, and the accident caused you harm. In cases in which a duty is set forth by law, such as the duty to refrain from texting while driving, and there is clear evidence that the defendant breached the duty, it may be easier to prove that the defendant was negligent for failing to abide by the law.

In most cases, proving that texting while driving caused an accident will rely heavily on documentary evidence. It will be necessary to pin down the time of the accident to as narrow a window as possible, and to obtain the cell phone records of the defendant driver. Deposition testimony by the defendant driver, the recipients of any text messages sent by the defendant driver, and any passengers who were in the defendant’s vehicle can be helpful in developing a timeline of the transmission of text messages and the accident as well. A seasoned car accident attorney will conduct discovery to request any evidence that will support the argument that the defendant driver’s texting caused the accident, and therefore the driver should be held accountable for any damages caused by the accident.

Accidents that are caused when a driver is not paying attention, such as when a driver is texting, often result in significant harm. If you were involved in a texting while driving accident, you may be able to recoup both economic and noneconomic damages. Economic damages include the cost of repairing any damage that your vehicle sustained in the accident. Economic damages also include any costs incurred for the treatment of injuries caused by the accident, including prescriptions and physical therapy, and the cost of any treatment that you will need in the future. Additionally, economic damages include any wages lost due to your inability to work following the accident. Noneconomic damages include compensation for pain and suffering, which often comprises a large portion of the damages awarded. Additionally, if you were married when the accident occurred, your spouse may be able to recover compensation for loss of consortium.

Texting while driving is against the law in New Hampshire, and drivers who cause accidents due to their failure to obey the law should be held liable for any harm that they cause. If you were injured in a texting while driving accident, the injury lawyers at Peter Thompson and Associates can assess the circumstances surrounding your accident and develop strong arguments to assist you in your pursuit of compensation. Our skillful advocacy has allowed us to achieve a history of successful verdicts and favorable outcomes. We have offices in Bedford, Nashua, Portsmouth, and Manchester, New Hampshire, and we represent clients throughout the state. Contact us at 800.804.2004 or through our online form to schedule a conference.