Fault is an important consideration in a car crash scenario. In West Virginia, fault generally determines who is financially responsible for a collision. A driver who breaks the law or behaves negligently typically has responsibility for any harm they cause others.
In most collision scenarios, the people involved in a crash have the option of filing an insurance claim. They can hold a driver who ran a red light accountable for violating traffic statutes. Technically, texting while driving is against state law. It is also a common form of unsafe conduct.
Given that texting while driving can be considered both negligent behavior and misconduct, people involved in crashes may have questions about insurance coverage. Does a liability policy still apply in a scenario where the driver caused a crash because of digital distraction?
Misconduct does not eliminate insurance coverage
Some people fear that clear proof of another driver’s illegal conduct could prevent them from obtaining insurance compensation. They may worry that if they tell a police officer that they noticed the other person texting before the crash, then they may have a harder time getting the compensation they require.
Thankfully, that is not true. The statutes in West Virginia make it very clear that insurance companies cannot deny a claim because the driver at fault for the crash broke the distracted driving law. Car insurance would not be very effective at mitigating risk if illegal or negligent conduct automatically eliminated eligibility for coverage.
Individuals involved in crashes caused by distracted drivers have the same basic rights to compensation as those involved in crashes related to speeding. They can potentially obtain insurance compensation for up to the policy limits maintained by the driver at fault.
Of course, the coverage available might not actually be enough to fully offset the expenses of a major motor vehicle collision. People affected by distracted driving collisions sometimes need to consider filing a personal injury lawsuit against the distracted driver. Their violation of a traffic statute creates an opportunity to seek compensation via a personal injury or wrongful death lawsuit.
Understanding the rules that apply after a distracted driving crash can help people hold irresponsible motorists accountable. Informing a police officer about suspicions of distracted driving can help people establish fault and assert their right to pursue compensation.
