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Texting while driving and liability following an accident

West Virginia drivers are aware of the many dangers and risks present on the roadways and the fact that some of these dangers are created by negligent drivers. When a driver gets behind the wheel of a vehicle, they are expected to abide by the rules of the road. Whether it is a longstanding rule or newly enacted legislation, drivers should be aware of rules put in place to increase road safety and prevent car accidents.

Distracted driving can come in various forms, but one common and increasing form is texting while driving. According to legislation enacted in the state of West Virginia, the text messaging ban covers all drivers, including school bus drivers and novice drivers. This ban is considered a primary offense, and driver caught texting while driving could face traffic violations and even harsher penalties if this form of reckless driving caused an accident.

If another driver or passenger is injured or killed by a driver engaging in texting while driving, liability could be placed on the driver for the losses and damages associated with the incident. In addition, a driver who engaged in texting while driving could be prevented from obtaining compensation from the injuries they suffered in an accident. Through comparative fault and contributory negligence, this can hold a distracted driver liable for the incident and be stopped from seeking damages for their injuries.

Those injured by a distracted driver who was texting while driving should understand they may have legal rights and remedies available to them. In these matters, it is important to understand the details of the incident. This could help prove the negligence of another driver and help the injured party with a personal injury suit.

Source:, "Texting While Driving," accessed March 23, 2015

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