Hello everybody I am Jim Parish of the Parish law firm. I am a personal injury accident lawyer in Virginia. Today I would like to answer the question “can I recover for injuries sustained in an accident by someone who is texting and driving?”
The answer is yes. Texting while driving can be a form of negligence. Negligence, means unreasonable behavior under the circumstances. In an automobile, motorcycle or tractor trailer type accident, negligence means violating a traffic law. And so texting while driving certainly can qualify as negligence. In a case like that, it’s very important to get the other driver’s cell phone records as soon as possible in order to secure the information and evidence of that texting while driving. I hope that’s helpful. Thank you.