Car accidents caused by texting while driving are more common than many people realize, especially in Arkansas. When a driver checks a message or scrolls through social media, even for a few seconds, the risk of a crash increases dramatically. If you’ve been hurt in such an accident, it’s important to know that you may have legal options. An Arkansas car accident lawyer who focuses on texting-related collisions can help you understand your rights and build a case based on clear evidence.
What happens when someone texts while driving in Arkansas?
Texting while driving is illegal in Arkansas under the state’s distracted driving laws. This includes sending or reading messages, using social media, or typing emails. Even a brief glance away from the road just five seconds can be enough to cause a serious crash at highway speeds. For example, if a driver looks down at their phone while traveling 55 mph, they cover the length of a football field without seeing the road.
These incidents often result in injuries like whiplash, broken bones, or traumatic brain injury. The damage isn’t just physical it can also lead to long-term medical costs, lost wages, and emotional distress. When another person’s distraction causes harm, the law allows victims to seek compensation.
Why choose a lawyer who specializes in texting-related crashes?
Not all personal injury lawyers handle distracted driving cases the same way. A lawyer who focuses on texting-related collisions understands how to gather evidence like cell phone records, dashcam footage, and witness statements. They know how to prove that the other driver was using their phone at the time of the crash.
For instance, if your vehicle was hit from behind and the other driver claims they were paying attention, your lawyer can request their phone records through a subpoena. If those records show messages sent or received just before impact, that’s strong proof of negligence.
Common mistakes after a texting-related crash
- Not reporting the crash to police right away. Even if no one was seriously hurt, a report helps preserve evidence.
- Sharing details about the crash on social media. Posts can be used against you later.
- Accepting a quick settlement from an insurance company without consulting a lawyer. These offers often don’t cover long-term care needs.
- Assuming the other driver’s insurance will cover everything. Many companies try to minimize payouts.
How do these cases typically unfold?
After a crash involving texting, the process usually starts with collecting evidence. Your lawyer will work with investigators to get data from the other driver’s phone. They may also review traffic camera footage or talk to nearby drivers who saw the incident.
If the evidence shows the other driver was distracted, your attorney can file a claim or lawsuit. They’ll calculate damages including medical bills, lost income, pain and suffering, and property damage. In some cases, punitive damages may apply if the driver repeatedly ignored safe driving rules.
What should you do immediately after a texting-related crash?
Stay calm and check for injuries. Call emergency services if needed. Move to a safe spot if possible, but don’t leave the scene. Take photos of the vehicles, road conditions, and any visible damage. Write down what happened and collect contact info from witnesses.
Don’t admit fault or discuss blame with anyone except your lawyer. Insurance adjusters might try to get you to say something that hurts your case. Let a professional handle communications.
When to reach out to a legal expert
If you’re dealing with injuries or ongoing medical treatment after a crash where texting was involved, it’s wise to connect with a lawyer early. Delays can make it harder to track down evidence like phone records or surveillance videos.
One area of focus is proving that the other driver was distracted at the moment of impact. A lawyer experienced in this type of case knows how to work with experts and use technology to support your claim. You can learn more about how this process works here.
What kind of compensation might be available?
You could be eligible for compensation that covers:
- Medical expenses (past and future)
- Lost wages from time off work
- Pain and suffering
- Damage to your vehicle
- Reduced quality of life
Some cases go to trial, but most are settled out of court. Your lawyer will negotiate to get you a fair amount based on the full impact of the crash.
Is there a time limit to file a claim?
Yes. Arkansas has a statute of limitations for personal injury claims typically three years from the date of the accident. Missing this deadline means you lose your right to sue. That’s why acting quickly matters.
If you or a loved one was injured in a collision where texting played a role, getting legal help sooner rather than later gives you the best chance to protect your rights. You can find out more about your options here, or explore how a personal injury attorney handles these types of crashes in detail.
Next steps: What to do today
- Take clear photos of the accident scene and your injuries.
- Write down everything you remember about the crash, including the time, location, and weather.
- Keep all medical records and receipts related to treatment.
- Contact a qualified Arkansas car accident lawyer who handles texting-related cases.
- Do not speak to insurance adjusters without legal advice.
For real-world examples and guidance on navigating these claims, visit NHTSA’s distracted driving resources to understand broader trends and risks.
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