Texting while driving is perhaps the best-known form of distracted driving because it is a problem that injures and kills thousands of drivers and pedestrians every year. If you were recently involved in a crash where the other driver was using their cell phone, an experienced Olive Branch texting while driving accident lawyer could help you hold them accountable for their negligence.
David E. Gordon has a thorough understanding of state traffic laws and could provide assistance in recovering compensation for medical expenses, vehicle repairs, lost wages, pain and suffering, emotional and mental distress, disfigurement, and scarring. An experienced car accident attorney could fight for these and other damages to allow you to heal without worrying about paying for medications and physical therapy, auto maintenance, or any other expenses pertaining to your accident.
Types of Injuries from Distracted Driving Accidents in Olive Branch
Olive Branch residents involved in texting-related auto crashes can sustain a variety of injuries, including:
- Soft tissue damage
- Fractured and broken bones
- Internal bleeding
- Organ damage
- Loss of limbs
- Head and spinal cord damage
- Traumatic brain injuries
- Loss of life
These devastating injuries can be compensated with the help of a local legal advisor. They could examine an injured person’s medical records to determine the accurate amount of damages a plaintiff could be entitled to.
Mississippi Texting While Driving Laws
Mississippi was the 45th state to prohibit texting while driving. The law went into effect in July of 2015, repealing Section 63-1-73, Mississippi Code of 1972. Since its inception, Mississippi Highway Patrol officials and the Department of Public Safety have called for harsher penalties to limit distracted driving accidents. Texting and driving is currently a civil rather than a criminal charge. According to Mississippi Code 1972 Annotated § 15-1-49, an individual has three years to file a car accident lawsuit.
While Mississippi laws currently allow drivers to take or receive cell phone calls while operating a vehicle, there are regulations in place that prohibit them from reading, writing, or sending text messages or emails. Drivers are also prohibited from using social media in any capacity while behind the wheel. The state’s texting ban does not apply to emergency situations, GPS, weather and traffic updates, or instructions concerning vehicle navigation. Drivers can use hands-free devices to write text messages as well.
Those who text while driving typically receive $100 tickets if they are stopped by police. If texting while driving resulted in an accident, the at-fault driver could face reckless driving and/or vehicular manslaughter charges.
Evidence in a Cell Phone Use Case
The police report from the car accident can provide important evidence in a distracted driving case, such as determining whether a portable device was used when the collision happened. The officer at the scene of the accident may have issued a citation for texting while behind the wheel and could corroborate that claim in a personal injury case for damages.
Another factor that could help build a texting-related auto collision case is the surveillance footage that shows the driver looking at their device, wreckage photos depicting a phone on or near the driver’s seat, and witness statements. If a lawsuit is filed, the cell phone records can be obtained. Contact a cell phone use attorney in the area to discuss evidence pertaining to a plaintiff’s case.
How Does an Olive Branch Attorney Prove Another Driver Was Texting and Distracted in an Accident?
If you have been in an Olive Branch texting while driving accident, do not hesitate to reach out as soon as possible. Discuss what damages apply to your case today by contacting our law firm and speaking with David E. Gordon about your legal options.