Can You File a Claim for a Car Accident Caused by Distracted Driving?

If you have been in a car accident caused by distracted driving, you may wonder if you can file a claim to seek compensation for your injuries and damages. When someone’s negligence behind the wheel causes you to suffer harm, it is important to understand your rights and options. It is not your fault, and you deserve to be fairly compensated for your losses.

Obtaining compensation is never simple, however, so you need representation from a car accident attorney as soon as possible.

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Who Was at Fault for the Accident?

After a car accident caused by distracted driving, a claimant must prove who was at fault. Such a step is necessary to file a claim against the proper driver and seek compensation for your injuries and damages. In legal terms, fault is determining the negligent party.

A car accident attorney can investigate the accident, determine the at-fault party and hold them accountable. To prove liability for distracted driving, the following elements must be established:

Duty of Care

The driver had a legal obligation to operate the vehicle safely and without distraction.

Breach of Duty

The driver deviated from the duty of care by engaging in distractions while driving.

Causation

The driver’s distracted behavior was the cause of the accident.

Damages

The accident resulted in injuries and other damages for the victim.

To file a claim for a car accident caused by distracted driving, the first step is to establish liability. Proving liability for distracted driving can be challenging, as it requires gathering evidence to show that the driver was indeed distracted at the time of the accident. This proof can include witness statements, cell phone records, and surveillance footage, among other types.

An experienced car accident attorney will have the knowledge and experience to gather vital evidence and determine liability.

The Three Major Distraction Types

There are three major forms of distraction while behind the wheel, and each one has the potential to cause devastation. These are as follows:

Cognitive Distraction

When the mind is elsewhere, it can cause havoc for processes like operating heavy machinery or driving a car. Cognitive distraction is when people take their minds off driving their vehicle.

Visual Distraction

Visual distraction is fast becoming the most prominent form of distraction. Research shows that averting eyes from the road for a mere five seconds is the equivalent of driving an entire football field blindfolded.

Manual Distraction

The act of removing one’s hands from the wheel of a vehicle is perhaps the least forgivable and can have shocking effects on other drivers’ safety.

Distracted Driving is on The Rise

Distracted driving has become increasingly prevalent in today’s society, largely due to the many distractions that modern-day living presents. From smartphones to in-car entertainment systems, people may encounter up to 60 different distractions per drive. Put simply, it is easier than ever to become distracted while driving.

One of the main reasons for the increase in distracted driving is the misconception that multitasking is manageable behind the wheel. Additionally, the fast-paced nature of today’s society has created a culture of impatience and instant gratification.

Drivers may feel the need to quickly respond to messages or check social media notifications, leading to a dangerous level of distraction while driving. As a result, the number of car accidents caused by distracted driving continues to rise.

What Leads to Distracted Driving?

There are many ways to get distracted while driving, and any of these can cause serious damage to others. Such behavior might include:

• Talking to other passengers
• Consuming food or drinks
• Texting or speaking on a smartphone
• Using navigational technology
• Watching a video
• Paying more attention to scenery than the road

Many of these actions are avoidable, though even if the distraction was innocent, the outcome is the same. Distracted driving leads to injuries, property and vehicle damage, and worse.

Signs You Should Call a Car Accident Lawyer

If any of the following situations apply to your case, you should seek legal representation. There are several indicators that it is time to find a car accident lawyer after a distracted driving accident, including:

Another Driver’s Negligence

If you believe another driver was at fault and their negligence was the cause of the accident, hiring an attorney is worthwhile. They will build a strong case for negligence and the injuries you suffered as a result.

Financial Losses

You will likely incur financial losses as a result of the accident, such as medical bills, vehicle repair costs, or lost income. In that case, a car accident attorney can seek compensation for these damages.

Injuries

If you have suffered injuries in the accident, especially ones that require long-term treatment or have resulted in permanent disability, speak with a car accident lawyer. They will pursue damages for your medical expenses, pain and suffering, and future medical needs.

Insurance Company Involvement

If an insurance company has contacted you regarding the accident, it is always best to have legal representation. Insurance companies often try to settle claims quickly and for less than victims deserve. An attorney will protect your rights and negotiate with the insurance company on your behalf.

Quick Settlement Offer

If the liable driver’s insurance company offers you a quick settlement after the accident, it is advisable to contact a car accident lawyer before accepting. Insurance companies often undervalue claims, and a lawyer will ensure you receive fair compensation for your losses.

Private Settlement Offers

If the liable driver offers to settle the matter privately without involving insurance, it is important to seek legal advice. Private settlements can be risky, as they may not adequately cover your damages, and without legal representation, you may not fully understand your rights.

A car accident lawyer will evaluate the specific details of your case and advise you on the best course of action to protect your rights and seek the compensation you deserve.

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How Distracted Drivers Cause Injuries

When drivers engage in distractions behind the wheel, they significantly increase the risk of causing accidents and inflicting injuries. Distracted driving can lead to various types of injuries, and many are life-threatening.

Some common ways that distracted drivers cause injuries in car accidents include:

Rear-End Collisions

When a driver is distracted, they may fail to notice a vehicle stopping or slowing down in front of them, resulting in a rear-end collision. These accidents can cause whiplash, head injuries, back injuries, and more.

T-Bone Accidents

Distracted drivers may fail to yield the right of way at intersections, causing T-bone accidents. These accidents commonly result in serious injuries, such as broken bones, spinal cord injuries, and traumatic brain injuries.

Pedestrian and Cyclist Accidents

When drivers are distracted, they may fail to see pedestrians or cyclists, resulting in devastating accidents. These accidents often lead to severe injuries, including fractures, internal injuries, and even wrongful death.

Single-Vehicle Accidents

Distracted drivers may lose control of their vehicles and veer off the road or collide with fixed objects. These accidents can cause significant injuries, especially if the vehicle rolls over or crashes at high speeds.

Multi-Vehicle Accidents

When a driver is distracted, they may swerve into other lanes or fail to brake in time, causing multi-vehicle accidents. These accidents can result in a chain reaction of collisions and cause a wide range of injuries for all involved parties.

Car accidents caused by distracted driving can be disastrous, leading to lifelong complications that might become expensive. Therefore, victims must aim to secure legal representation from a car accident lawyer so they can hold distracted drivers accountable for their injuries and damages.

Claiming Car Accident Damages for Distracted Driving

In a car accident claim or lawsuit against a distracted driver, injury victims can pursue various types of damages for compensation. These damages can be categorized into economic, non-economic, and punitive damages. Some common damages that can be claimed in a car accident claim include:

Economic Damages

These damages cover financial losses that can be quantified, such as medical expenses, lost income, property damage, and future medical costs.

Non-Economic Damages

These damages compensate for the physical and emotional pain and suffering caused by the accident, loss of enjoyment of life, emotional distress, and loss of consortium for family members.

Punitive Damages

In rare cases where the distracted driver’s conduct was particularly reckless or intentional, punitive damages may be possible. These damages punish the at-fault driver and only a judge or jury can award them in court.

Wrongful Death Damages

If the car accident resulted in the death of a loved one, certain damages can be claimed in a wrongful death claim. These damages may include funeral expenses, loss of financial support, loss of companionship, and mental anguish.

It is important to note that insurance companies often try to minimize the compensation to victims. Working with a car accident lawyer ensures your damages are thoroughly evaluated and appropriately pursued in your claim or lawsuit.

Insurance companies may attempt to:

• Place shared liability on the victim, even when they were not at fault for the accident.
• Dispute the extent of the victim’s injuries and argue that they are not as severe as claimed.
• Discredit the victim’s version of events and attempt to shift blame to other factors.
• Offer quick settlements that do not adequately compensate for the victim’s injuries, damages, and future needs.
• Delay the claims process in the hopes that the victim will give up or accept a lesser settlement.

Managing the complicated process of dealing with insurance companies requires knowledge and experience. By working with a car accident lawyer, you can protect your rights, ensure your claim is properly evaluated, and fight for fair compensation for your losses.

How Can a Car Accident Attorney Benefit Your Claim?

Taking on a distracted driving claim can be incredibly challenging and stressful. The legal process can be complex, and insurance companies are adept at exploiting any loopholes or weaknesses in a claim. A seasoned car accident attorney can meet all deadlines, properly value all damages, and avoid potential pitfalls that can jeopardize your case.

A car accident attorney is your best asset during this difficult time.

They will handle all aspects of your claim or lawsuit, allowing you to focus on your recovery and well-being. Some ways that a car accident attorney can support you include:

Gathering Evidence

A car accident lawyer will thoroughly investigate the accident, obtain witness statements, collect medical records, and gather any other evidence necessary to establish liability and damages.

Dealing with Insurance Agents

Your attorney will handle all communication and negotiations with insurance companies, ensuring your rights are protected and you receive fair compensation.

Building a Strong Case

A car accident attorney will build a strong case on your behalf, utilizing their legal knowledge to present a compelling argument for your entitlement to compensation.

Representing You in Court

If they cannot reach a fair settlement agreement, your lawyer can represent you in court, presenting your case to a judge and jury and advocating for your rights and interests.

By working with a car accident attorney, you can alleviate stress, save time and money, and ensure that you have the best possible chance of receiving the full compensation you deserve for your injuries and damages.

Get a Free Consultation with a Car Accident Lawyer Today

If you have suffered an injury in a car accident caused by distracted driving, it is essential to seek a qualified car accident attorney near you. They will handle the legal process, establish liability, and seek the compensation you deserve.

Many car accident lawyers work on a contingency basis, meaning they only get paid if they win your case. This measure allows victims to access legal representation without the burden of upfront costs.

Don’t wait to seek legal advice. Contact a personal injury lawyer today to schedule a free consultation and discuss your case.

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