Jonesboro Texting While Driving Accidents

A person injured in a texting while driving accident must pursue a bodily injury claim within a set amount of time. Statutes of limitations are usually strict deadlines with rare exceptions. Under Arkansas law, a Jonesboro auto accident victim must typically settle his or her bodily injury claim or file a lawsuit within three years of the date of the accident. Otherwise, the claim is time-barred, and the injured party’s right to sue for his or her injuries can be lost forever.

A texting while driving accident victim may assert a claim for property damage, medical expenses, pain and suffering, lost wages, lost future earnings, scarring or disfigurement, and emotional distress, among others. In order to recover compensation, the injured party must prove that another driver’s negligence caused the accident in question. If the defendant was cited for texting or the injured party can otherwise prove that the driver was texting while driving, negligence will likely be established.

What if the defendant driver tries to blame you for contributing to the collision? What if you make a left-hand turn in front of a driver who does not notice you making the turn because he is texting? Arkansas law allows comparative negligence as a defense, which means that if you were less than 50% at fault for the accident, then your ultimate recovery will be reduced by the percentage of fault attributed to you. For example, if you are deemed to be 10% at fault for the accident and the distracted driver was 90% at fault, then your recovery would be reduced by 10%. However, under modified comparative negligence, if you are found to be 50% or more at fault for the accident, then you may be barred from recovering and will receive no compensation at all. An experienced car accident lawyer in Jonesboro can investigate your accident and gather the necessary evidence to prove the defendant’s fault and minimize allegations of comparative fault.