If You are Hit From Behind While the Other Driver is Texting on the Phone and You are Injured What is the Law?
Getting hit from behind can not only be startling but can also result in significant car accident injuries. Generally, you may be able to recover damages for your injuries if you can prove that the other driver was negligent. In other words, you must prove that the other driver did not exercise the same care that a reasonably prudent person would have exercised in a similar situation and that the driver’s lack of reasonable care caused your injuries.
In some states, there is a ban on texting and driving. A driver who is texting and driving and causes an accident may be charged in those states. Even if a texting ban is not the law in your state, texting may be evidence of negligent driving.
Similarly, in many states a driver who hits you from behind may be presumptively liable for accident injuries because the driver was following you too closely.
In any state, traffic accident laws provide you with the opportunity to file a lawsuit if you believe that you have been injured by a negligent driver, such as driver who hits you from behind while texting.
Have you been involved in an accident like this? If so, please share your experience with others in the comments.