Car accidents caused by distracted drivers are becoming more common, with texting while driving being one of the biggest dangers on the road. If you've been injured in a crash caused by a driver who was texting, you may be wondering if you can sue for damages. The good news is that Kentucky law allows victims of distracted driving accidents to hold the at-fault driver accountable. Understanding your legal options is essential for ensuring you receive fair compensation for your injuries and losses. This guide will explain the steps you can take, what evidence you need, and how an attorney can help you build a strong case.

Table of Contents

1. Why Texting and Driving is a Serious Problem

2. Can You Sue a Driver Who Was Texting?

3. How to Prove the Other Driver Was Texting

4. What Compensation Can You Recover?

5. Steps to Take After a Texting-Related Car Accident

6. Frequently Asked Questions

1. Why Texting and Driving is a Serious Problem

Texting while driving is one of the most dangerous forms of distracted driving because it takes a driver’s eyes, hands, and focus away from the road. Studies show that reading or sending a text message takes about five seconds, which is enough time to travel the length of a football field at highway speeds. This brief distraction can lead to devastating accidents that result in serious injuries or fatalities. Despite strict laws, many drivers continue to use their phones behind the wheel, putting themselves and others at risk.

Understanding the risks of texting while driving is important because it helps victims recognize when negligence has played a role in an accident. Many drivers claim they weren’t distracted, making it difficult to prove fault without proper evidence. By knowing what behaviors to look for and how the law treats texting while driving, you can better protect your rights if you’re ever involved in an accident. Holding distracted drivers accountable can also help prevent future accidents by reinforcing the dangers of texting behind the wheel.

2. Can You Sue a Driver Who Was Texting?

Yes, if a driver was texting and caused an accident, you have the legal right to sue them for damages. Kentucky law requires all drivers to operate their vehicles responsibly and avoid distractions that could endanger others on the road. Texting while driving is considered a violation of this duty, making the distracted driver liable for any injuries or property damage they cause. Filing a personal injury lawsuit can help you recover financial compensation for medical bills, lost wages, and other expenses resulting from the crash.

It’s important to act quickly if you plan to file a lawsuit, as Kentucky has a strict statute of limitations for personal injury claims. In most cases, you have one year from the date of the accident to take legal action. Failing to file within this period can result in losing your right to seek compensation. Working with a knowledgeable attorney can help ensure that your case is handled properly and filed within the required time frame.

3. How to Prove the Other Driver Was Texting

Proving that the other driver was texting at the time of the crash is essential to winning your case. Insurance companies and defense attorneys may try to argue that the accident was caused by other factors, so gathering strong evidence is key. One of the best ways to prove distracted driving is by obtaining the at-fault driver’s phone records, which can show whether they were texting or using their device at the time of impact.

Witness statements can also be valuable in proving texting-related negligence. If bystanders, passengers, or other drivers saw the at-fault driver using their phone, their testimony can strengthen your case. Additionally, traffic cameras or dashcam footage may capture the driver engaging in distracted behavior before the crash. If available, surveillance footage from nearby businesses can provide further evidence of phone use while driving. An attorney can help you collect and present this evidence effectively in court.

4. What Compensation Can You Recover?

Victims of texting-related car accidents may be entitled to significant compensation, depending on the severity of their injuries and financial losses. Compensation is typically divided into economic damages and non-economic damages. Economic damages cover measurable financial losses such as medical expenses, rehabilitation costs, lost wages, and property damage. These damages are calculated based on bills, pay stubs, and expert testimony about future medical needs.

Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life caused by the accident. Unlike economic damages, these losses are more subjective but still play a major role in determining settlement amounts. In some cases, if the driver’s behavior was particularly reckless, punitive damages may be awarded to punish them and deter similar actions in the future. Consulting with an experienced attorney can help you assess the full value of your claim and negotiate a fair settlement.

5. Steps to Take After a Texting-Related Car Accident

If you’re involved in a car accident caused by a texting driver, taking the right steps can protect your health and strengthen your legal case. First, call 911 immediately to report the accident and request medical assistance if needed. When speaking with the responding officer, mention any signs of distracted driving, such as the other driver looking at their phone before the crash or failing to brake in time.

Next, gather as much evidence as possible at the scene. Take photos of vehicle damage, road conditions, and any injuries. If there are witnesses, ask for their contact information in case their statements are needed later. Avoid discussing fault with the other driver or their insurance company, as anything you say could be used against you. Instead, consult with a personal injury attorney before providing any statements or signing settlement offers.

Finally, seek medical attention as soon as possible, even if you feel fine. Some injuries, such as concussions or internal bleeding, may not be immediately apparent. Having a medical record linking your injuries to the accident can be crucial in securing fair compensation. An attorney can then help you file a claim, negotiate with insurance companies, and pursue a lawsuit if necessary.

6. Frequently Asked Questions

Q1: Is texting and driving illegal in Kentucky?
A1: Yes, texting while driving is illegal for all drivers in Kentucky. Drivers under 18 are also prohibited from using any handheld device while behind the wheel.

Q2: What if the driver deleted their text messages?
A2: Phone records can still be obtained from the driver’s service provider, showing whether they were texting at the time of the crash.

Q3: How long does a texting-related accident lawsuit take?
A3: The timeline varies, but cases may take several months to over a year, depending on the complexity and whether the case goes to trial.

Q4: Can I still recover damages if I was partially at fault?
A4: Yes, under Kentucky’s comparative negligence law, your compensation may be reduced based on your percentage of fault.

Q5: How can an attorney help with my case?
A5: An attorney can gather evidence, negotiate with insurance companies, and represent you in court to maximize your compensation.

Conclusion

If you’ve been injured in an accident caused by a texting driver, you have the legal right to pursue compensation. Taking immediate action, gathering strong evidence, and working with an experienced attorney can significantly improve your chances of winning your case. Holding distracted drivers accountable not only helps you recover financially but also reinforces the dangers of texting behind the wheel.

At Sue Distracted Driver, we specialize in helping victims of distracted driving accidents fight for justice. Contact us today for a free consultation and learn how we can assist you in securing the compensation you deserve.