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Distractions like texting, using a navigation system, or changing a playlist or radio station can become serious hazards on the road. Texting while driving car accidents in Erlanger can cause devastating injuries. If you were injured by a distracted driver, you likely have a strong case for a lawsuit. An experienced car accident attorney will fight for the best possible outcome on your behalf. Suing holds the irresponsible driver accountable for their behavior while providing the compensation you need to ease your financial worries and allow you to focus on recovering from your injuries.
Is Texting While Driving Banned?
Kentucky has two texting and driving laws. Kentucky Revised Statutes 189.292 applies to all drivers and prohibits texting while the vehicle is moving. However, drivers are allowed to use GPS devices for navigation. They can also make phone calls and read or enter contact information to prepare for a call. There are also some exceptions to the texting prohibition in emergency situations. Drivers may send text messages to report crimes, request police or medical assistance, or prevent physical harm or property damage. Kentucky Revised Statutes 189.294 sets a stricter standard for drivers under 18. Underage drivers cannot use a cell phone while driving. They can use a navigation system, but they need to enter the address or other information while the car is stopped. Kentucky Revised Statutes 189.990 sets the penalty for violating both laws at a $25 fine for the first offense and a $50 fine for any repeat offenses.
How Do Texting and Driving Laws Affect Your Car Accident Case?
In a successful lawsuit, you and your attorney need to prove that the other driver’s negligence caused your injuries. A person is negligent when they have a duty to act a certain way, fail to uphold that duty, and injure someone else because of this. Drivers have a duty to obey the law and pay attention to the road. If you can prove that the other driver was texting, the law will almost certainly consider that driver negligent. This makes your case much more straightforward than a situation where fault is less obvious.
Text messages leave a time-stamped written record. During the discovery phase of the lawsuit, your lawyer can request the other driver’s cell phone records. If the driver sent text messages in the minutes leading up to the crash in Erlanger, this clearly demonstrates their negligence. Proving that the driver distracted themselves in another way, such as by scrolling through music options, can be more difficult. Depending on the circumstances, the driver may also be able to argue that they were texting because of an emergency or other legitimate reason.
Discuss Your Texting and Driving Car Crash Case With an Erlanger Lawyer Today
Texting and driving car accidents in Erlanger can cause serious, life-changing injuries. If a distracted driver injured you, our attorneys provide strong representation to hold the other driver accountable and pursue the compensation you deserve. Filing a lawsuit can feel overwhelming, but we have the decades of experience we need to handle it on your behalf.
Contact Busald Funk Zevely P.S.C. to discuss your texting and driving accident case today.
