You know that you need to keep your hands off of your mobile phone while driving in Arizona. After all, using a phone manually while you drive is against the law. You can’t hold the phone while talking on it or read a text message, let alone compose one, without risking a traffic ticket.
You know that you need to follow the law related to distraction at the wheel, but many other drivers aren’t as conscientious and will put convenience ahead of safety or legal compliance. You might notice someone texting in the lane next to you before they suddenly sideswipe you or cut you off, causing a collision.
If a driver hits you while talking on the phone or texting, what will that mean for your compensation rights?
You may have a straightforward insurance claim
Provided that the other driver admits their behavior or that the police are able to corroborate your claims of mobile phone use at the wheel, the official report for the crash should reflect that the other driver’s distraction was the cause.
You then have the right to make a claim against the insurance coverage carried by that distracted driver. However, especially if you suffered a serious injury, the insurance coverage the other driver pays for might not cover enough of your losses. You could also have an uphill battle if they try to lie or cover up their illegal phone use to avoid personal responsibility.
You might have grounds to go to court
If you have verifiable costs like hospital bills or lost wages caused by the wreck that insurance won’t cover, you may want to hold the other driver accountable for the wreck. A personal injury lawsuit is potentially possible under Arizona state law, provided that the police report or other evidence will help you show that the misconduct or negligence of the other driver was to blame for your crash.
Many people trying to move on with their lives after a motor vehicle collision will need help negotiating with an insurance company or preparing to make their claim in civil court. Understanding your rights when a distracted driver breaks the law and hurts you we’ll make securing appropriate compensation for your car crash losses a little easier.