Cell phones have drastically changed the way we live our lives, from keeping in touch with loved ones to keeping ourselves entertained. But there is another way in which cell phones have changed lives – they distract drivers. The National Highway Traffic Safety Administration found that, in 2018, distracted driving claimed 2,841 lives. Many of these lives may not have been lost if a driver had just waited to send a text or didn’t make that last phone call.
Talking and texting pose significant risks to everyone out on our roadways, but they pose an extreme risk to motorcycle riders in particular. For motorcycle riders, the repercussions of being in an accident with a driver distracted by texting can be devastating and even life-altering.
At OnderLaw, we’ve seen the consequences of accidents involving distracted drivers and their negligent behavior. Texting while driving motorcycle accidents in St. Louis leaves scars on victims both physically and mentally. They also inflict deep financial wounds as victims struggle to cope with the mounting medical bills and the prospect of future treatments and rehabilitation.
The burdens of the accident fall squarely on the victim’s shoulders when they should be focusing on their health and recovery. The insurance company for a negligent driver accused of texting and driving isn’t looking out for you, the victim. They want to cut you a check and move on, regardless of if that check will be enough to cover all of your expenses.
The legal team at OnderLaw believes that you deserve better. You deserve a skilled motorcycle crash attorney who will fight to get you the compensation you need. Need a lawyer to get to work for you? Contact us today to schedule a free case review.
The dangers of texting and driving are two-fold when it comes to motorcyclists. For one, there is already the problem of drivers not seeing motorcyclists, even when they have their full attention on the road. Drivers may be focusing on other cars on the road, or a rider may be in their blind spot.
Not being able to properly see a rider on the road is already a common cause of motorcycle accidents. Add a cell phone to that equation. Now, not only is a driver not looking for motorcyclists, they are not even fully paying attention to the road itself. It is a recipe for disaster.
This fact demonstrates the massive danger of texting while driving, especially for motorcyclists. The Centers for Disease Control finds that it takes the average person about 5 seconds to look down and read a text message. If a driver is traveling at 55 mph in that 5-second time frame, they can travel the length of a football field.
So, they have just traveled the length of an entire football field without any awareness of their surroundings on the road. That is reckless and dangerous behavior that can cost motorcyclists their health and their lives. Every day in the U.S., nine people are killed and 1,000 injured in crashes with distracted drivers.
Missouri is one of the few states that does not have a comprehensive state-wide distracted driving law on the books. There is a state regulation that restricts drivers under the age of 21 from driving and sending, reading, or writing text messages. There are also restrictions placed on commercial drivers as well.
A distracted driving violation in the state of Missouri is considered a moving violation. Typically, that will result in a fine of $85 and court costs. At OnderLaw, we help motorcyclists injured in distracted driving accidents get the justice they deserve and the compensation they need to cover the extensive damages this type of accident can cause.
Drivers who are paying more attention to their texts or phone calls can cause devastating accidents. Motorcyclists are particularly vulnerable to distracted driving accidents since they are already harder to see on the roads. They are also more prone to serious and sometimes even life-threatening injuries because they are more exposed and have less protection than passenger vehicles.
In a distracted driving accident, a motorcyclist can be thrown from their bike, be run over by the distracted driver, or become crushed on pinned by a vehicle. Any one of these situations can result in injuries that may require months, if not years, of medical treatment, doctor’s visits, and physical therapy. These are some of the most common injuries that a motorcyclist may suffer after a collision with a texting driver:
Injuries as severe as these may require lengthy hospital stays, meaning time away from work – not to mention the follow-up doctor’s visits, medication, therapy, and possible home health needs. As the bills quickly begin to roll in, it becomes clear that medical costs for injuries such as these are enormous. A check from a negligent driver’s insurance company may seem like enough to cover today’s medical bills, but what about tomorrow’s? The following year when you need more treatment?
Turning to an experienced attorney after an accident with a distracted or texting driver means you have someone on your side willing to fight for the compensation you deserve – compensation that will cover your medical bills not just today but tomorrow, as well. Serious injuries require follow-up care, but an insurance check doesn’t include follow-up money. The legal team at OnderLaw works tirelessly to get the financial reward you need.
Calculating damages following an accident with a texting driver is never cut and dry. There are a number of variables that courts will consider when making a determination about compensation. An experienced attorney will be able to examine the facts and circumstances surrounding a victim’s individual case and help make a determination about what is fair.
Be cautious of anyone who throws out a dollar figure before sorting through the facts; every case is unique and unique factors can alter the total damages you may be entitled to. It is also important to remember that your personal attorney is looking out for your needs – an insurance company is looking out for theirs.
In the state of Missouri, one of the regulations that dictate liability and the amount of compensation a victim may receive is known as “pure comparative fault.” Pure comparative fault means that damages may be split among all the at-fault parties involved in the accident. How does that work in practice? If you were involved in a texting-while-driving accident with a car and a jury determined that you were 5 percent at fault for causing that accident, you would be awarded the full amount of damages minus that 5 percent.
When talking about pure comparative fault, it is important to remember that the at-fault driver is still entitled to damages as well. In the example above, if the texting driver were found to be 95 percent responsible for causing an accident, they would be entitled to 5 percent of the total damages. However, that also means that they are on the hook for 95 percent of the victim’s damages as well.
Determining the value of compensation is never easy. A seasoned personal injury lawyer will be able to give you a clearer picture of what you can expect for your damages. Here are some of the forms of compensation you may be entitled to after a texting and driving accident:
Texting or talking while driving is reckless behavior. It can cost a motorcyclist their health, well-being, and maybe even their life. Yet, it is becoming all too common for people to pay more attention to their phones than the road ahead of them. When the unthinkable happens, it is time to call an experienced personal injury attorney to help you hold this negligent driver accountable and recover the compensation you are entitled to.
The other driver’s insurance company isn’t looking out for you or what’s best for your physical and financial health. The team at OnderLaw works hard to investigate the crash, collect the necessary evidence, and build a strong case for you.
The motorcycle accident attorneys at OnderLaw will take the time to discuss your case with you. We will always treat you with compassion and respect. An insurance company will treat you like a claim number to be resolved. Don’t go broke waiting for an insurance company to do the right thing. Get the legal representation you can count on and the compensation you deserve. Call our office for a free case review today.
