Filing a claim for compensation in a distracted driving car accident case involves several steps, all of which can be efficiently managed by a skilled attorney. The process begins with gathering evidence, such as police reports, medical records, witness statements, and phone records, to prove the at-fault driver’s negligence. Your attorney will then prepare a settlement demand package that details your damages, including medical expenses, lost income, property damage, and pain and suffering.
Your car accident lawyer can then handle negotiations with the insurance company to secure a fair settlement, using their experience to counter lowball offers. If the insurer refuses to settle fairly, your attorney can promptly file a lawsuit and represent you in court.
With extensive legal knowledge and experience, a skilled car accident lawyer will ensure that your rights are protected and work to maximize your total compensation award.
Types of Distracted Driving that Can Lead to Car Accidents
Distracted driving is one of the leading causes of car crashes, with thousands of accidents each year resulting from drivers losing focus. There are several types of distractions that commonly contribute to these incidents.
- One of the most common forms of distraction is texting or using a phone while driving. This is a type of visual distraction because it takes the driver’s eyes off the road. It is also a manual distraction since the driver’s hands leave the wheel, and a cognitive distraction because their mind focuses on the message instead of driving. Even just reading a text can take a driver’s attention away for a few seconds, which is long enough to cause a serious crash.
- Another frequent distraction is eating or drinking while driving. Many people don’t realize the risk of grabbing a bite on the go but handling food or drinks requires taking at least one hand off the wheel. Spills or messy foods can add to the distraction, forcing drivers to take their eyes off the road to clean up or adjust.
- Adjusting car controls, such as changing the radio station, setting a GPS, or adjusting the air conditioning, is another major distraction. These tasks may seem quick, but even a brief moment of inattention can be dangerous – especially in heavy traffic or at high speeds.
- Talking to passengers can also be distracting. Whether it’s a heated conversation or just casual chatting, social interactions can draw a driver’s mind away from the road. This is especially risky for young or inexperienced drivers who may struggle to divide their attention between the road and their passengers.
- Lastly, daydreaming or “zoning out” is a form of mental distraction that can be just as dangerous as texting. When a driver’s mind wanders, they may miss important signals, like a red light or a stopped car ahead.
Steps of Filing a Distracted Driving Car Accident Claim
Filing a distracted driving car accident claim involves several important steps. A skilled car accident attorney can streamline the process and improve the accident victim’s chances of a successful claim.
The first step is gathering the necessary documentation. This includes obtaining the police report, which typically outlines the details of the accident and any citations issued to the distracted driver. Other critical documents include medical records, repair estimates for vehicle damage, and photographs of the accident scene. Eyewitness statements and any evidence proving the other driver’s distraction, such as phone records or surveillance footage, can also be invaluable. An attorney can collect and organize this evidence to build a strong case.
Next, the car accident attorney will prepare and submit a settlement demand package to the at-fault driver’s insurance company. This package outlines the damages you are seeking, including medical expenses, lost income, property damage, and non-economic losses like pain and suffering. The demand letter is a formal document that details how the accident occurred, the distracted driver’s negligence, and the effect the accident has had on your life. An experienced attorney knows how to craft a persuasive demand package that encourages the insurance company to settle fairly.
Once the demand package is submitted, negotiations with the insurance adjuster begin. Insurance companies often aim to minimize payouts, so they may initially offer a settlement that falls short of what you deserve. A skilled attorney is trained to negotiate effectively, using evidence and legal knowledge to push for a fair resolution. They will also advise you on whether to accept an offer or continue pursuing the claim.
If negotiations fail to produce a satisfactory outcome, litigation may be necessary. This involves filing a lawsuit and preparing the case for trial. A car accident attorney will handle every aspect of this process, including pre-trial discovery, presenting evidence, and representing your interests in court. Their courtroom experience and understanding of legal procedures can make a significant difference in the final judgment.
Filing a distracted driving accident claim involves several complicated steps, but a skilled attorney can guide you through the process. From gathering evidence to negotiating with insurers and litigating in court if necessary, a car accident lawyer’s legal knowledge and skill ensure that you have the best chance of securing the compensation you deserve.
Most Frequent Injuries in Distracted Driving Car Crashes
Distracted driving collisions often result in a wide range of injuries, varying from minor to life-threatening. These injuries typically happen because distracted drivers fail to react in time to avoid collisions or may cause crashes at high speeds.
One of the most common injuries in distracted driving accidents is whiplash. This occurs when the head and neck are forcefully jerked forward and backward upon impact. Whiplash can lead to severe neck pain, stiffness, and limited mobility, sometimes requiring physical therapy or prolonged recovery times.
Traumatic brain injuries (TBIs) are another frequent consequence. These injuries can range from concussions to more severe forms, such as brain hemorrhages or contusions resulting from the head striking a hard surface or rapid deceleration during a crash. Symptoms of TBIs include headaches, memory loss, dizziness, and, in severe cases, long-term cognitive or physical impairments.
Broken bones are also common in distracted driving collisions. The high forces involved often cause fractures in the arms, legs, or ribs. These injuries may require extensive medical treatment, including surgery, and may leave victims with lasting mobility issues or chronic pain.
Spinal cord injuries are particularly devastating. Damage to the spinal cord can result in partial or complete paralysis, depending on the severity of the injury and its location. Victims with spinal injuries often face a lifetime of rehabilitation and significant lifestyle adjustments.
Soft tissue injuries, such as muscular sprains, strains, and contusions, are another frequent result. These injuries may seem minor but can cause considerable pain and limit a person’s ability to perform everyday tasks.
Finally, internal injuries, such as damage to the lungs, liver, or spleen, can occur due to blunt-force trauma during a collision. These injuries are especially dangerous because they are not always immediately apparent and may require immediate surgery to prevent life-threatening complications.
How to Prove the Elements of Negligence in a Distracted Driving Car Accident
Proving negligence in a distracted driving car crash case requires establishing four key legal elements: duty of care, breach of duty, causation, and damages. Each element must be supported with compelling evidence to hold the at-fault driver accountable. Various forms of evidence can strengthen your case and demonstrate the other driver’s negligence.
The first element, duty of care, is typically straightforward. All drivers have a legal obligation to drive safely and responsibly to avoid causing harm to others. This includes obeying traffic laws, staying focused on the road, and refraining from distractions. Establishing this element is rarely disputed, as it applies to all drivers on public roads.
The second element, breach of duty, involves proving that the driver failed to meet their duty of care by engaging in distracting behaviors. Evidence such as cell phone records can reveal if the driver was texting, calling, or using an app at the time of the accident. Eyewitness statements from passengers, other drivers, or pedestrians who saw the at-fault driver using their phone or engaging in other distractions can also be valuable. Additionally, dashcam or surveillance footage may capture the driver’s actions in the moments leading up to the crash.
The third element, causation, requires proving that the breach of duty directly caused the accident and your injuries. Evidence such as accident reconstruction reports can show how the driver’s distraction led to the crash. For example, a reconstruction expert may determine that the driver failed to brake in time because they were looking at their phone instead of the road. Police reports often detail any citations issued to the at-fault driver, such as tickets for texting or failing to maintain control, further linking their negligence to the accident.
Finally, the fourth element – damages – requires demonstrating that the accident caused measurable harm, such as medical expenses, lost income, or pain and suffering. Medical records, repair estimates for vehicle damage, and proof of income loss are essential documents to establish the extent of your damages. Expert testimony from doctors or economists may also support your claim for long-term effects stemming from the accident.
With this evidence, car accident victims can build a strong case and seek the compensation they deserve.
Types of Recoverable Damages in a Distracted Driving Car Accident Case
Victims of distracted driving car crashes may be eligible to receive compensation for various damages. These damages typically fall into two main categories: economic and non-economic. In some cases, punitive damages may also be awarded, depending on the circumstances of the crash.
Economic Damages
Economic damages compensate victims for the financial costs directly related to the accident. These damages are often easier to calculate because they are based on tangible evidence, such as bills and receipts. Common types of economic damages include:
- Medical Expenses: This includes the cost of emergency care, hospital stays, surgeries, physical therapy, medications, and any future medical treatments related to injuries from the crash.
- Lost Income: If the victim is unable to work due to their injuries, they may receive financial compensation for the income they lost while they were recovering. For those with long-term or permanent injuries, future earning capacity can also be included.
- Property Damage: Victims are entitled to compensation for vehicle repairs or the total loss of their car. Other personal property damaged in the crash, such as phones or laptops, may also be covered.
- Out-of-Pocket Expenses: This includes costs such as transportation to medical appointments, home modifications for disability, or hiring assistance for household tasks during recovery.
Non-Economic Damages
Non-economic damages are intended to compensate victims for the intangible losses they suffer due to the accident. These damages can be more subjective and may vary based on the severity of the injuries and the effects on the victim’s life. Examples include:
- Pain and Suffering: This compensates victims for the physical pain and emotional distress they endured due to the accident and their injuries.
- Loss of Enjoyment of Life: If the victim is unable to participate in hobbies or other activities they once enjoyed, they may be compensated for this loss.
- Emotional Distress: This includes compensation for accident-related anxiety, depression, or trauma resulting from the crash.
- Loss of Consortium: If the victim’s injuries affect their relationship with a spouse or family members, compensation may be awarded to address this loss.
Punitive Damages
In cases where the distracted driver’s behavior was particularly reckless or intentional, the court may award punitive damages. These are meant to punish the driver and deter similar conduct in the future.
By seeking appropriate compensation, victims can address both financial and emotional hardships resulting from distracted driving accidents.
Call an Experienced Car Accident Today
If you recently sustained injuries in a car crash that a distracted driver caused, you can recover significant compensation. A skilled personal injury attorney can speak with you about your case, discuss your options, and handle the entire process for you. They will do everything possible to maximize your settlement or litigation award, helping you become whole again.