QUESTION
Does it matter if the person was texting when they hit me from behind?
Asked on Jun 28th, 2013 on Personal Injury - Oregon
More details to this question:
The teen who slammed into the back of my vehicle while going too fast on the freeway may have been texting. We don't know yet. But for some reason my attorney wrote on the complaint that I was stopped (not true). I was told that it made no difference whether she was texting or I was stopped. That it's her fault all the same. Wouldn't texting be considered negligent? And should I get the complaint amended?
9 ANSWERS
Ronald A. Steinberg
No. You were hit from behind. However it happened, its the other guy's fault.
Answered on Jul 01st, 2013 at 4:02 PM
Ask your attorney why he entered the wrong facts in the complaint and what difference it will make [important if verified complaint]. Rear-ended your car is negligence, no matter why they rear-ended you. It does not matter whether they were texting or doing something else negligent.
Answered on Jun 28th, 2013 at 4:39 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You and your lawyer ought to tell the truth. If the kid were texting when the impact occurred that surely would be considered an act of negligence and the impact would prove the truth that it was wouldn't it?
Answered on Jun 28th, 2013 at 4:05 PM
James Eugene Hasser
Yes, but as your attorney says, it's negligence either way. If texting is against the law where you are, and the driver was, in fact, texting, you may have a claim for punishment (punitive) damages.
Answered on Jun 28th, 2013 at 1:28 PM
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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Texting is negligence, and may add value to your case, but in and of itself being hit is all that matters. Still, it was sloppy of your attorney to state that you were stopped when you weren't, and you do need to get that clarified.
Answered on Jun 28th, 2013 at 12:20 PM
Arbitration & Mediation Attorney serving Ann Arbor, MI
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Blaske and Blaske PLC
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Of course it might matter to the issue of whether the other driver was negligent, but it's not required that the Complaint say that the other driver was or might have been texting. It might be important to have the Complaint amended to say that you were not stopped. Talk to your lawyer about it. Likely he or she will lead you in the right direction.
Answered on Jun 28th, 2013 at 11:34 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Depends on the state, and if they have a civil penalty or just criminal for texting while driving. Either she she hit you from behind and would be at fault.
Answered on Jun 28th, 2013 at 11:33 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In Florida, there is the rebuttable presumption that the driver of the rear vehicle was negligent in a rear-end collision. The burden is on the other driver to prove that he (or she) was not negligent.
Answered on Jun 28th, 2013 at 11:33 AM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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In terms of liability texting while driving does not matter. But your attorney can amend the complaint to seek punitive damages if there is evidence of texting while driving.
Answered on Jun 28th, 2013 at 11:13 AM