Ever since texting became popular, it has been wreaking havoc with drivers and their safety. In fact, even though texting and driving has been outlawed in 46 states, some of which forbid phone use while driving altogether, it still causes a huge number of accidents each year.
When texting and driving does lead to an accident, is is seen as and often convicted as a criminal offense. However, it can also come into play in civil cases as well. Typically, it is not difficult to prove liability in a verified case of texting and driving.
What may surprise you, though, is that it is not always just the texting driver who is held responsible. In some cases, the sender of the text, if the sender was aware that the other person he or she was texting was driving, can also be held liable. Sometimes, it might even be possible to also hold the manufacturer of the phone liable for the related accident. A lawyer is really your best bet for helping you to determine who was responsible and who thus to “go after” in the event of a texting and driving accident.
In a perfect world, you would never be involved in a texting and driving accident. You can help decrease your risk exponentially by committing to never text and drive yourself. As for others on the road, the best you can hope to do is be alert and aware so that you can hopefully avoid dangerous texting drivers. If you do happen to get into an accident with one, however, know your rights and seek the help and guidance of a qualified lawyer.