What Does The Law Say About Writing Texts While Driving?
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By PAGE Editor
It is illegal to use your mobile phone for anything than directions when you are driving. You aren’t allowed to physically touch your mobile device when your car's engine is on, even if you have stopped. You can have your phone fixed to your dashboard on a stand, though. Texting while driving is illegal, as is using your phone in any physical capacity.
If you have been injured in a car accident because a driver wasn’t paying attention to the road and was texting, then you could be eligible for a compensation payment.
This post will tell you everything you need to know about making a claim and then getting paid.
Making Claim
You might be asking yourself, what is making a claim for compensation? The answer to that is simple: A claim for compensation is essentially when you request money for your injuries, from the negligent driver’s insurance company. As mentioned above, texting while driving is illegal.
Therefore, if a driver is using their phone and injures you, you are legally entitled to compensation. In some cases, such driver’s insurance companies might refuse to represent them, because they are breaking the law. When an insurance company refuses to represent a driver, claims have to be made through the courts. Such claims are called ‘civil lawsuits.’ You need a lawyer’s help for both kinds of claims. There is no way you can make a claim yourself, without legal experience, or a lawyer’s assistance.
Finding Lawyer
If you want to make a claim for compensation, then you need to find a lawyer. Ideally, you should use a lawyer who’s based in your local area. Working with a local lawyer makes things a lot easier because you won’t have to travel far to see them. Consider payment, too. If you are on a budget, then you will need to find a lawyer who offers contingency representation, or in other words, no-win-no-fee arrangements. These plans mean that you don’t have to pay your lawyer until they win your case for you. If they lose it, you don’t owe them anything.
Reading Reviews
Always read a lawyer’s reviews before you hire them, even if they are strongly recommended by people in your area. A lawyer’s reviews are the best way to gauge their level of experience, and the quality of the service that they offer. If a lawyer is not reliable, then past clients will leave reviews stating this. A lack of reviews is generally a positive sign since very few satisfied clients leave reviews. It is usually only the unhappy ones that do. An overabundance of negative reviews is a sign you should avoid a lawyer.
Asking Around
Ask around in your area if you don’t know any local lawyers. Again though, read reviews before you commit to hiring anyone, even if they come strongly recommended. The problem with asking for recommendations and referrals is that people tend to refer lawyers who they are friends with or are related to when you ask for a good local lawyer. This means that they are only trying to get their friend or relative business, and don’t care about giving you the contact information of a good lawyer. The best way to determine whether or not the referrals being made to you are rooted in bias is to read reviews.
Being Honest
Honesty is essential. You won’t be able to make a claim for compensation if you exaggerate aspects of your case. No lawyer will represent somebody who’s lying to them. When you are making a claim for compensation, be sure to tell your lawyer everything that happened, as honestly as possible. Do not embellish things for dramatic effect. It is human nature to want to exaggerate the severity of one’s injuries but doing so can cost you your case. Honesty is, as the saying goes, the best policy.
Court Attendance
Finally, bear in mind that if you are hit by somebody who’s texting on their phone, you could have to go to court to claim compensation back from them. The reason for this was mentioned earlier, but again, is that some insurance companies won’t represent people who’re breaking the law when they are involved in an accident. If you do have to go to court, then you will have to go give evidence, which means you will have to testify on the stand. Your lawyer will talk you through this process. Make sure that you are prepared for it, though.
If you are a road user, then you need to be careful. Some people use their phones while they are driving. People who do this are putting their lives and everybody else’s lives at risk. If you are involved in an accident with such a person, then you need to make a claim for compensation, not only so you can support yourself financially while you are dealing with your injuries, but also so you can punish the person for their negligence.
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