Distracted driving is on the rise throughout the country, and the problem only keeps getting worse. Using a handheld device is illegal in practically every jurisdiction in the country, but it does not keep drivers from being on their phones when they are behind the wheel. Just looking down at a phone for a few seconds can result in a far longer period of distraction, as the driver must refocus their attention on the road.
If you or a loved one has suffered an injury in an accident that involved distracted driving, you may be entitled to substantial financial compensation. You should immediately consult a Bronx car accident lawyer once you know you have injuries and require medical treatment.
Distracted Driving Can Take Many Forms
Drivers may be doing many other things that can take away their attention. One recent invention that has increased distracted driving is the screen that now comes in almost every car. A driver may be paying attention to the infotainment screen, which can be every bit as dangerous as looking at a phone. Drivers might also be eating, which means they have at least one hand off the steering wheel, and their focus is on not getting food on their clothing.
Distracted driving can cause serious car accidents, and these crashes can lead to severe injuries. Distracted driving crashes often occur at high speeds because the driver often never slows down when they are not looking at the road. The other driver involved in the accident cannot anticipate the distracted motorist’s actions, so they might not take any action to avoid the crash.
Taking Legal Action for a Distracted Driving Accident
The most common legal remedy when you have been injured in an accident with a distracted driver is to file a claim against their car insurance policy. If the other driver was at fault for the accident, their car insurance company should pay for your damages up to the amount of the policy limit.
A car accident attorney can submit a claim on your behalf, including proof of liability and evidence demonstrating your damages. Once the car insurance company has accepted liability, they may make you a settlement offer, which is just the beginning of the negotiation process.
Your other legal remedy is to file a lawsuit against the responsible driver in court. You likely won’t take this step at the very beginning of the legal process. You may file a lawsuit if the other driver’s insurance company denies liability or refuses to make you a reasonable settlement offer. Your car accident lawyer may need to file a lawsuit to dial up the pressure on the insurance company and force them to be more reasonable in settlement negotiations.
If your car accident case goes to trial, the jury will decide your case, both about whether the other driver should be liable and how much they owe you in compensation. Always hire a skilled car accident lawyer with litigation experience in case you require a lawsuit.
Seeking Full Payment for the Harm You Sustained
If you can prove your claim or win your case in court, you will be entitled to payment for all the damages you have suffered. Your car accident settlement or award should include payment for all of the ways your crash injuries have affected your life, whether it means financial costs or the intangible effects of your condition.
Your car accident lawyer must estimate the value of your damages before they file your claim or lawsuit. On your own, it is difficult to know and appreciate the full value of your case, and you will likely vastly underestimate what your claim is worth. Most people undervalue their claims, as they fail to consider every compensable loss under the law, including future and non-economic losses.
The insurance company knows the value of your case, even if they will not admit it, and you need to level the playing field by having the same information. A car accident lawyer can accurately determine how much you deserve.
You Do Not Have to Prove Distracted Driving to Win
You do not necessarily have to prove that the other driver involved in your crash was distracted. All you must show is that they were negligent. Typically, the actions of a distracted driver are careless, and what they did may qualify you for financial compensation.
For example, a distracted driver may not properly check their blind spot before they change lanes. That act, as opposed to looking at one’s phone, constitutes negligence. The same goes when a driver rear ends another car because they had their eyes off the road.
It may still help your case if you have evidence that the driver was distracted at the time of the accident. If you suspect the driver was on their mobile device, your lawyer might obtain their phone records showing they had received or sent a text around the time of the accident. Your car accident lawyer might subpoena these records through the court as part of a case if you have filed a lawsuit against the responsible driver.
Your attorney may also check the driver’s social media history to learn whether they were posting at the time of the accident. Similarly, they might check web activity to see if the driver was surfing the internet at the time of the accident.
Always Have a Trusted Car Accident Attorney for Your Case
You should contact a car accident lawyer to schedule a free initial consultation. In your meeting, you can speak with the attorney about your case and learn more about your remedies following a distracted driving accident and how the legal process may play out for you. Once you sign a representation agreement establishing the attorney-client relationship, they will get to work on your case. Your car accident attorney will begin an investigation of the accident. Then, they will estimate your damages before filing a claim or lawsuit on your behalf. Your personal injury attorney can either negotiate a settlement with the insurance company for you or try your case in front of a jury if necessary.
Seek your free consultation today to begin seeking justice for your injuries and losses.
