Texting while driving is incredibly dangerous, not to mention illegal. In Kentucky, House Bill 415 became law on April 15, 2010. This law made it illegal for drivers of all ages to text while the vehicle is in motion. If the at-fault driver in your accident was texting at the time of the crash, it is important that you fully understand your legal rights and options. For more information, continue reading and reach out to a knowledgeable Pike County, KY auto accident lawyer today.
What if the At-Fault Driver Was Texting in My KY Accident?
If the other driver in your car accident was texting, they will likely be found responsible for the crash and liable for the resulting damages. Kentucky is a choice no-fault state when it comes to auto accidents, meaning that drivers are automatically enrolled in PIP (personal injury protection) coverage, a type of no-fault insurance. However, drivers can choose to opt out.
PIP only covers medical expenses, lost wages, and injury-related expenses, so you will have to pursue a claim or lawsuit against the at-fault driver for your property damage. If you have opted out of no-fault insurance, then you will likely file a claim or lawsuit for the entirety of your damages. If the at-fault driver was texting and driving at the time of your accident, you can gather evidence establishing their negligence, or negligence per se.
What is Negligence Per Se?
Negligence per se is a legal doctrine that allows individuals to be found automatically negligent if they violate a law that was designed to protect public safety. In a standard negligence case, you must be able to provide evidence establishing all of the following elements.
- The driver owed you a duty of care to drive safely
- The driver breached the duty of care in some way
- The breach of duty directly caused or contributed to the accident and damages
- You suffered actual damages as a result
However, with negligence per se, you are not required to prove all of these elements. Instead, you can establish the driver’s negligence by simply demonstrating how they broke a law that is intended to protect the public.
To successfully prove negligence per se, you must be able to establish that a specific law or statute exists that is designed to protect the general public from certain behaviors and dangers, the defendant violated this statute, and the violation caused your injuries and damages.
For example, House Bill 415 outlawed texting while driving in an effort to protect drivers, pedestrians, and other road users from the dangers that distracted driving can have. When a driver uses their phone while the vehicle is in motion, they are violating this law and can be considered automatically negligent for any damages that result.
To learn more and secure skilled representation during your case, reach out to an experienced personal injury attorney today.
