Texting and Driving Accidents | Tyroler Leonard Injury Law

Texting while driving continues to cause some of the most dangerous road accidents in the United States each year. Reading a single text takes the driver’s attention off the road for 5 seconds, which equates to driving the entire length of a football field with closed eyes. If you suffered injuries in a car accident caused by a driver distracted by texting while driving, you might have the right to file an injury lawsuit and seek a financial award for your losses. Learn more about how our Wisconsin and Minnesota car accident lawyers can try to help you win your case.

Which States Have Laws Prohibiting Texting and Driving?

Texting is one of the most alarming and dangerous distractions for drivers. The National Highway Traffic Safety Administration (NHTSA) estimates that almost 300,000 people suffer injuries each year because of distracted driving accidents in the United States. Bankrate estimates that more than 3,300 fatalities happen annually in the United States because of distracted driving accidents. More than 10% of those fatalities likely occur because of smartphone use.

In the United States, there is no federal or national law governing texting or the use of cell phones while driving. Instead, state laws determine the proper use of phones or other wireless devices while driving. Currently, 49 of the 50 states have laws that prohibit texting and driving. Only Montana does not have this type of law yet. U.S. territories of the District of Columbia, Guam, U.S. Virgin Islands, and Puerto Rico ban texting while driving for drivers of all ages.

Laws Against Texting and Driving in Minnesota

Although every state has different texting and driving laws, the state of Minnesota has taken proactive steps to ensure that the drivers on the roadways remain safe. Minnesota passed a hands-free smartphone law for drivers in 2019.

According to the Minnesota Office of Traffic Safety, young drivers in the state of Minnesota are prohibited from using a cell phone for texting or talking if they are under the age of 18. The only time a teenager in the state of Minnesota is allowed to use a cell phone in a vehicle is for emergency purposes.

Laws Against Texting and Driving in Wisconsin

Wisconsin was one of the first states to pass a ban against texting and driving in 2010. In Wisconsin, no driver can text while driving, according to the Wisconsin Division of Motor Vehicles. Although adult drivers can use their smartphones in a hands-free manner while driving in Wisconsin, any young driver who has a probationary license or a permit cannot use a smartphone in any manner while behind the wheel, other than reporting an emergency.

Can You File an Injury Lawsuit If the Other Driver Doesn’t Get a Traffic Ticket?

When the other driver violates Minnesota or Wisconsin law and causes an accident after texting and driving, you would expect the other driver to receive a traffic ticket or a criminal charge. Sometimes, though, law enforcement officers might not have enough evidence to be able to issue a ticket or charge the driver with a violation of the law, meaning the other driver will not face any criminal penalties.

It’s important to understand that any criminal case the other driver faces from texting while driving is separate from your attempt to bring an injury lawsuit against the other driver. The injury lawsuit is a civil case. Our legal team can still seek damages for your injuries as long as the other driver caused the accident. Although we can use evidence from any criminal charges to prove that the other driver was at fault, a traffic ticket or a charge is not always necessary to try to help you win your financial claim.

Steps to Take After Suffering Injuries in an Accident With a Driver Who Was Texting

Experiencing a car accident can be a traumatic and life-changing experience. If you suffered injuries in an accident caused by a driver engaged in texting, it can be even more unsettling because this type of accident is completely preventable. If the other driver had just put the phone down and paid attention, you wouldn’t have suffered your injuries. The other driver also could have chosen to use a safe driving app to prevent accidents to keep you from suffering any injuries.

After being injured in this kind of texting and distracted driving accident, you may want to consider taking the following steps.

Informing the Police

The victim of a car accident should file and obtain a police report of the accident as soon as possible. Call first responders to help with your injuries and to investigate the accident. If you believe that the other driver was texting or using a smartphone at the time of the accident, let the responding police officers know. They’ll do an investigation. You should not confront the other driver about texting and driving.

Recording Information at the Accident Site

If possible, a victim should obtain the contact details of the other driver, license plate numbers of all vehicles involved, contact details of any witnesses around, and the time and place of the accident. If you cannot obtain this information yourself because of your injuries, ask a passenger to do it. Otherwise, let police handle these tasks.

Seeking Medical Attention

Seeking medical attention after suffering injuries should be a top priority. Sometimes internal injuries or damages may not show symptoms for days or even weeks. Visiting a medical professional is crucial to treat any visible or invisible injuries after experiencing a car accident, helping you regain your health. Additionally, you cannot win an injury lawsuit related to the accident without a detailed list of your injuries from a doctor.

Preserving Proper Documentation

All records for medical and hospital bills, lost wages, travel expenses, property damage, pain and suffering, and other costs related to the car accident should be maintained to pursue compensation for your injuries and losses. Our injury attorneys can help you collect and preserve this information.

Speaking to Insurance Companies Carefully

The other driver’s insurance company might call you and ask you for a formal statement. The insurer may ask you many questions, often repeating the questions, with the hope that you’ll contradict yourself. When you hire our injury attorneys, we will handle all correspondence with the insurance companies, giving you the time you need to focus on healing. We’ll protect you from unfair treatment from the insurance company. You don’t have to speak to the insurer unless we are at your side.

What Kinds of Damages Could You Win After a Texting and Driving Injury Accident?

The victim who suffered injuries in an accident caused by a driver engaged in texting may be eligible to win awards for the following:

Medical and hospital bills, including future medical bills
Lost wages and the loss of future wages or earning capacity
Pain and suffering
Property damage
Other non-economic losses
Punitive damages
Wrongful death.

If you are a victim of a texting and driving accident, consider the time limit for filing a legal claim. If you fail to file a claim in a timely manner, you may permanently lose the ability to receive compensation for your injuries and losses. Our personal injury team will make sure your case remains on track and hits all legal deadlines.

Contact the Team at Tyroler Leonard Injury Law for Questions About Your Injury Claim After a Texting and Driving Crash

If you were the victim of a car accident caused by a distracted driver engaged in texting, you may need to build your case on various types of evidence, including the actual texting and cell phone records of the driver. Our legal team can help you evaluate your case and determine the damages you may be entitled to receive. Contact our Wisconsin or Minnesota distracted driving accident lawyers today at Tyroler Leonard Injury Law at (651) 259-1113. We preserve documents and collect the evidence you need to build a strong texting and driving injury claim.

Attorney Isaac Tyroler

Attorney Isaac Tyroler has been a strong advocate for injured people his entire legal career. He has a passion for righting wrongs, and he deeply cares about representing injured clients who may feel overwhelmed or uncertain about how to navigate the legal system. He is compassionate toward clients and aggressive with insurance companies and defendants. He is on the elected Board of Governors of the Minnesota Association of Justice (MAJ), the top personal injury lawyers’ group in Minnesota. And is currently the chair of MAJ’s legislative committee. [ Attorney Bio ]