Jackson, MS Texting While Driving Accidents

According to the Mississippi Department of Transportation, drivers who are reading or responding to a text message take their eyes off the road for an average of almost five seconds. At average highway speeds of 55 mph, those five seconds would be equivalent to crossing the entire length of a football field without looking. Given those facts, it is highly likely that a jury would find that a driver who was texting while driving was negligent.

If you are sending a text while cruising down State Street, Fortification Street, Woodrow Wilson Avenue, or another road in the city of Jackson, you will not be able to pay attention to your surroundings and react promptly to any hazards that arise. These streets and other roads, such as the interstates I-20, I-55, and I-220, have witnessed dozens of fatal accidents in the last few years. It should be sobering for Mississippi drivers to realize that choosing to look at their cell phone may cost someone’s life, but unfortunately this behavior persists. Taking legal action in these circumstances may be the only way to seek justice for what happened to you.

The important part will be gathering the evidence necessary to prove that the driver was negligent by texting while driving. This evidence can come in the form of admissions to a police officer, the testimony of an independent witness, or even phone records subpoenaed from the driver’s cell phone carrier through the discovery process. One reason to retain a car accident lawyer in Jackson early in the process is to conduct an exhaustive investigation and know where to look for evidence you need to assert your claims.

It is possible that the defendant will try to point the finger at you for taking action that may have contributed to the wreck. This defense is known as comparative fault. The defendant’s insurance carrier or attorney may try to take your recorded statement immediately following a wreck in the hopes that you make a statement damaging to your case. This would cause your damages to be reduced by your percentage of fault. Another way a car wreck lawyer in the Jackson area can assist you is by representing your interests throughout the entire legal process.

Victims of texting while driving accidents in Jackson can bring personal injury claims against the at-fault driver to recover for their economic and non-economic losses. An experienced attorney can explain your rights and what you may be entitled to obtain. Such losses can include medical bills, property damage, lost wages, and pain and suffering, among others. In cases where the injuries involved are serious enough to be considered permanent, recoverable damages can also include future medical expenses, lost earning capacity, loss of consortium, and more. However, in order to recover, victims generally must first establish that the defendant driver negligently caused them to incur those damages.