One second of distraction behind the wheel can change your life forever. The National Highway Traffic Safety Administration reports that 3,275 lives were lost to distracted driving in 2023 alone, with texting as the most dangerous distraction. Looking down at a phone means losing the ability to react, and the consequences can be devastating for anyone in the path.
If you have been injured by someone who was texting while driving, Hollis Law Firm is here to help you understand your rights and pursue fair compensation. Our personal injury lawyer serves clients across Kansas and Missouri and is committed to fighting for clients’ rights at every step. We know the moments following a crash can feel overwhelming, which is why we are here to guide you through the entire process.
What Should You Do Immediately After Being Hit by a Texting Driver?
Your actions in the minutes and hours following the crash can significantly affect your ability to recover fair compensation. Staying calm and following the right steps helps protect both your health and your case.
After a crash involving a texting driver, there are several critical steps to take. First, call 911 and ensure law enforcement responds to the scene, as a police report is one of the most important pieces of documentation for your case. Seek medical attention right away, even if your injuries feel minor, because some conditions, like brain injuries, can take time to fully present. Do not admit fault or discuss the details of the crash with the other driver, and avoid making statements to insurance adjusters before speaking with a lawyer.
How Can You Prove the Other Driver Was Texting?
Proving that the other driver was on their phone at the time of impact is often the key challenge in these cases. Fortunately, there are several forms of evidence that can support your claim.
Evidence used to establish texting while driving may include phone records subpoenaed during discovery, witness statements from bystanders or passengers, surveillance or traffic camera footage, and the official police report. Our team works diligently to gather and preserve this evidence quickly, because some of it, including camera footage, can be lost if action is not taken promptly. Connecting with a car accident lawyer as soon as possible helps ensure the strongest foundation for your case.
What Compensation Could You Recover After a Distracted Driving Crash?
The injuries that result from a distracted driving crash can be physically, emotionally, and financially devastating. Depending on the circumstances of your case, you may be able to pursue compensation for a range of damages.
Types of Damages in Distracted Driving Cases
Common categories of compensation in these cases can include:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Property damage
In some cases, where a driver’s conduct is found to be especially reckless, additional damages may also be available. If a crash results in the most serious consequences, our wrongful death lawyer can also help surviving family members pursue justice.
Does It Matter Whether You Are in Kansas or Missouri?
Yes, the state where your crash occurred can have a meaningful impact on your case. Kansas and Missouri follow different approaches to comparative negligence, which determines how compensation is affected when more than one party may share some degree of fault.
Kansas follows a modified comparative fault rule, meaning that if you are found to be 50% or more at fault, you may not be eligible to recover compensation. Missouri also uses a comparative fault system, but applies it differently. Our attorney regularly handles truck and car accident cases on both sides of the state line and understands the specific rules that apply in each jurisdiction.
Contact Hollis Law Firm After a Texting and Driving Accident
Being hit by a driver who was texting while driving is a situation where you deserve accountability and fair compensation. At Hollis Law Firm, we have collected over $100 million in settlements and judgments for our clients, and we are ready to put that record of results to work for you. We listen to your story, help you understand your options, and take action based on the choices you make.
If you or someone you know has been injured by a distracted driver, do not wait to get legal help. Time-sensitive evidence can disappear quickly, and the other side’s insurance company will move fast. Reach out through our contact form to schedule a consultation with our team today.​
