A driver who looks down to read or send a message can travel a considerable distance without watching the road. Texting while driving car accidents in Hot Springs can leave injured people facing painful recoveries and sudden financial pressure. A car accident attorney could investigate what happened while protecting you from insurance tactics that may weaken your claim.

Rainwater, Holt & Sexton represents people harmed by careless drivers. We understand that you may be dealing with medical treatment while missing work. Our team could handle communications with insurers and gather evidence before important information disappears.

Arkansas Law Prohibits Texting Behind the Wheel

Under Arkansas Code Annotated § 27-51-1504, a motorist generally cannot use a wireless telecommunications device to engage in texting while operating a vehicle. The statute also prohibits accessing social networking sites behind the wheel, subject to limited exceptions. A violation can support an argument that a driver failed to act with reasonable care. 

Proving that a driver violated the law still requires reliable evidence. After a texting while driving auto accident in Hot Springs, we could compare the timing of phone activity with the collision. We could also examine the crash report and speak with witnesses who saw the driver looking down before impact.

What Evidence Can Show That a Driver Was Texting?

A driver may deny using a phone or claim that the message was sent after the wreck. Our legal team could seek records that help establish when the device was active. Photographs from the scene may also reveal that the other vehicle never braked or took evasive action.

Video can be especially useful in a Hot Springs texting while driving car collision claim. A nearby business camera may show the driver’s posture shortly before the collision. Dashboard footage can capture vehicle movements that suggest the motorist was not paying attention. We could work to preserve available evidence and build a clear account of how the crash occurred.

Compensation Should Reflect the Full Effect of Your Injuries

A texting crash can cause injuries that require ongoing treatment. Your claim may include compensation for medical care and income you lost because you could not work. It may also account for pain or the ways your injuries have limited your daily life.

Insurance companies sometimes focus only on expenses that have already been incurred. We could evaluate how a car accident caused by texting while driving in Hot Springs may affect your future. That includes reviewing medical opinions about additional treatment and considering whether your injuries will interfere with your ability to earn a living.

Comparative Fault Can Affect Your Recovery

An insurer may argue that you contributed to the collision by speeding or reacting too slowly. Arkansas uses a modified comparative fault system. Under Ark. Code Ann. § 16‑64‑122,  you can recover damages when your share of fault is less than the fault assigned to the party from whom you seek compensation. Your recovery will be reduced according to your percentage of responsibility.

These rules give insurers an incentive to shift blame. In a Hot Springs car collision involving a distracted motorist, we could challenge unsupported allegations and present evidence showing how the other driver’s texting caused the wreck. Strong documentation can protect both your right to recover and the value of your claim.

Contact Our Hot Springs Lawyers About Texting While Driving Car Crashes

You do not have to manage an injury claim while trying to recover. Rainwater, Holt & Sexton has served injured clients since 2006. Our firm has a local office, and our legal team is ready to answer your questions.

We have experience investigating texting while driving car accidents in Hot Springs and could explain each step of the claims process. Contact us today for a free consultation. You will owe no attorney’s fee unless we recover compensation for you.

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