The behaviors that you engage in at the wheel largely determine how likely you are to get into a crash. Certain actions, like drinking before driving, dramatically increase your likelihood of causing a collision.
Distracted driving is also a known risk. Those who don’t fully focus on the road might have no time to respond to the vehicle in front of them suddenly breaking. If you believe that the other driver who hit you have their phone in their hands at the time of the crash, does that make them liable for the wreck?
Texting while driving is a traffic violation
Connecticut has passed a ban on the manual use of mobile phones while in control of a motor vehicle. People who are 18 years of age or older can use hands-free software, but they should not hold their phone in their hands and physically tight messages, nor should they pick up their phone and glance down at it he read incoming messages. Texting while driving or just holding a phone is a primary infraction, meaning that it is the only reason an officer needs to pull someone over and issue a ticket.
If you believe that the driver had their phone in their hands before the crash, telling the officer who comes to take the crash report about your suspicions could help. They could find traffic camera footage or subpoena phone record that confirm your suspicions that the other driver let distraction compromise their focus on safety.
What if you also made a mistake?
Connecticut does have a law that allows someone facing a personal injury lawsuit to defend themselves based on claims of comparative fault. If there is any proof that you made a mistake, like changing lanes without using a turn signal, the courts might declare you partially responsible for the crash.
They will express your partial fault as a percentage, and you can move forward with your claim as long as you have less than 51% of the fault for the wreck. That might reduce what you receive in a personal injury lawsuit brought against a driver who texted at the wheel. In most cases, however, you should be able to file an insurance claim against a driver who texted at the wheel and caused the crash.
Learning Connecticut traffic laws will help you seek justice after a motor vehicle collision.