Even minor automobile accidents in Utah can be traumatic. But if you have been involved in an accident with a driver who has been grossly negligent, such as one who was drunk or texting while driving, the damage to your health and property may be extensive. The good news is that if it can be proven that the other driver was texting or was under the influence of alcohol or drugs, it may be relatively easy to convince a judge that you are owed damages.
When You Have Been in an Accident With A Drunk or Texting Driver
The dangers of drunk driving have been well known for many years. Likewise, the dangers of taking one’s eyes off the road to compose a text message are equally, if not more extreme, than those of drunk driving.
Any time someone is injured in an automobile accident as a result of the negligence of a drunk driver, the injured person has a legal right to seek compensatory damages and punitive damages from the drunk driver who is at fault.
These are intended to compensate the party who has suffered property damage, physical injury, and/or other related damages such as time lost from work.
Damages of this type are intended only to punish the negligent, drunk driver for his or her actions. They are intended to serve as an example to deter similar behavior by this driver and others. Drunk drivers have long been subject to punitive damages as a result of the strong public sentiment to deter this type of negligent behavior.
While drunk driving is an infamously dangerous activity, texting while driving or even using an electronic mobile device while driving may be even more dangerous. In fact, the National Transportation Safety Board (NTSB) recommended banning texting and driving. This is due to the simple fact that texting takes the eyes of the distracted driver off the road completely- and it only takes moments of distraction to cause an accident.
According to the NTSB, texting while driving raises the risk of an auto accident by 2,300% percent. This claim is supported by masses of evidence to corroborate it. As a result, texting drivers who are shown to have been responsible for an accident due to their negligence are being required to pay punitive damages more and more.
Unfortunately, proving that a driver was texting or using a mobile while driving can be difficult if an investigation does not begin as soon as possible. It is extremely important that legal counsel be allowed to file for motions to compel the driver, the cell phone company, and other experts to deliver any and all available proof that the device in question was in use during the accident and in the moments leading up to it.
Contact Carlson Injury Law
If you have been injured or suffered damages as the result of the negligence of a texting or drink driver, obtaining qualified legal representation may be key to winning the damages you need to be made whole. Contact the Utah auto accident law experts at Carlson Injury Law today for your free legal consultation.