Visitor Question

Girl was Texting While Driving and Caused a Rear End Collision…

Submitted By: James (Yuma, AZ. USA)

While stopped in traffic I was rear ended by four vehicles. The last vehicle was at fault. She was texting and ran into us all at approximately 30 mph.

I was transported by ambulance to the hospital.

I received x-rays and CT scans. I later received an MRI which found that I have two mildly bulging discs in my L4 and L5 and S-1. I have been treating with a Chiropractor and have been in consistent pain since the accident.

I have been seeing a back specialist and I’m due to see a surgeon. My bills are approaching $50,000. What can I expect to get in settlement if the driver at fault has a commercial insurance policy?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear James,

Accidents attributed to texting while driving has become nearly epidemic. In a case with medical bills approaching $50,000, your settlement should be 2-3 times that amount; As a rule of thumb, 2.5 medical bills is a good start.

The issue will be the type of policy that the driver had. There are minimum policies in many states requiring a policy limit of as low as $15,000. If this type of insurance policy were in effect, it would be insufficient to cover your medical bills accrued thus far.

I would not discount the liability of the other drivers in the chain reaction. It is true that she is primarily at fault as the party who ultimately started the collision, however this may not obviate the responsibility of other drivers in the chain.

You may wish to consider a claim against the other drivers, particularly in light of your very high medical bills.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 29, 2010

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