How Distracted Driving Affects Your Personal Injury Case

Distracted driving is a serious issue that affects thousands of Americans every year, often leading to devastating personal injury cases. Whether it involves texting, talking on the phone, or engaging in any other distracting activity while operating a vehicle, the consequences can be life-changing. You can suffer devastating injuries that prevent you from holding your child, working, enjoying hobbies, and simply living an everyday life.

If you or a loved one has been involved in an accident caused by a distracted driver, it is essential to understand how this behavior can impact your personal injury case. From establishing liability to determining the extent of damages, dealing with the legal process can be complex and overwhelming. That’s why it’s vital to seek the guidance of a skilled auto accident attorney to assist with your case. Contact an attorney near you to protect your rights and get your deserved compensation.

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What Is Distracted Driving?

Driving car and using phone. Distracted driver texting with mobile cellphone.

Distracted driving refers to any activity that diverts a driver’s attention from the primary task of operating a vehicle. While many people associate distracted driving with cell phone use, it can include other activities such as eating or drinking, grooming, talking to passengers, or using in-vehicle technologies.

According to the National Highway Traffic Safety Administration (NHTSA), three main types of distractions can take a driver’s attention away from the road:

Visual distractions are anything that causes a driver to take their eyes off the road, such as looking at a phone or reading a text message.
Manual distractions: Any activity that requires the driver to take their hands off the wheel, like reaching for an object or adjusting the car’s settings.
Cognitive distractions: Anything that mentally distracts the driver, like daydreaming or engaging in intense conversations.

Distracted Driving Statistics

The prevalence of distracted driving is a growing concern across the United States. Here are some shocking statistics that highlight the seriousness of the issue:

In a recent year, distracted driving claimed the lives of 3,142 people in the United States alone, according to the NHTSA.
The Centers for Disease Control and Prevention (CDC) reported that approximately eight people are killed, and over 1,000 suffer an injury every day in crashes involving a distracted driver.
Texting while driving is one of the most alarming and dangerous forms of distracted driving. Sending or reading a text takes a driver’s eyes off the road for an average of 5 seconds at 55 mph; that’s like driving the length of an entire football field blindfolded.
These statistics serve as a sobering reminder of the devastating consequences that distracted driving can have on individuals and their families.

How Does Distracted Driving Cause Auto Accidents?

Young man looking at damaged car hit from behind after traffic accident

Distracted driving significantly increases the risk of auto accidents. When drivers are not entirely focused on the road, their reaction time is delayed, and their ability to make split-second decisions is compromised. Typical scenarios where distracted driving leads to accidents include:

Rear-end collisions: A distracted driver, such as texting or looking at their phone, may fail to notice traffic stopping in front of them, resulting in a rear-end collision.
Failure to yield accidents: Distracted drivers may not pay attention to traffic signs or signals, leading to accidents where they fail to yield the right of way.
Lane departure accidents: When drivers are distracted, they may veer out of their lane and collide with another vehicle or object.
Intersection accidents: Distracted drivers may fail to observe a traffic light or stop sign, causing accidents at intersections.

It is important to note that distracted driving not only endangers the driver but also puts pedestrians, cyclists, and other motorists at risk. The consequences can be catastrophic, ranging from minor injuries to severe disabilities and even death.

Who Is Liable In A Distracted Driving Accident?

Determining liability in a distracted driving accident can be complex. The liable party is typically the driver who was distracted and caused the accident. However, other parties, such as employers or vehicle manufacturers, may share the responsibility. Here are a few scenarios where liability may extend beyond the driver:

Employers: If the driver was in the course of their employment when the accident occurred, their employer may also be liable for not enforcing distracted driving policies or allowing employees to use electronic devices while driving.
Vehicle manufacturers: In some cases, vehicle defects or malfunctions, such as faulty brakes or steering mechanisms, may contribute to the accident. The vehicle manufacturer could be held responsible if a defect was a factor.
Public entities: If poor road conditions or inadequate signage contributed to the accident, the governmental entity responsible for maintaining the road may also be held liable.

Establishing liability requires thoroughly investigating the accident, gathering evidence, and proving negligence. An experienced personal injury attorney can guide you through this process and help ensure that all responsible parties are held accountable.

What Compensation Is Possible In A Distracted Driver Case?

If you have suffered an injury in a distracted driving accident, you may be entitled to various types of compensation. The exact amount will depend on the specific circumstances of your case. Here are some types of compensation that may be available:

Medical expenses: Compensation for past, current, and future medical bills, including hospital stays, surgeries, medication, rehabilitation, and therapy.
Lost earnings: Reimbursement for the income you lost due to the accident, including past and future lost earnings.
Pain and suffering: Compensation for the physical and emotional pain caused by the accident and resulting injuries.
Property damage: Compensation for repairing or replacing your vehicle or any other damaged property.
Loss of companionship: If the accident led to the loss of a loved one, you may be entitled to compensation for the loss of their companionship and support.

An experienced personal injury attorney will assess the full extent of your damages and fight to ensure you receive the maximum compensation you deserve.

How Can An Auto Accident Attorney Help My Case?

Car Accident Lawyer in his office

Navigating the legal process after a distracted driving accident can be overwhelming, especially when dealing with injuries and emotional distress. Hiring an experienced auto accident attorney can provide numerous benefits:

Legal experience: Attorneys skilled in personal injury cases have in-depth knowledge of the laws surrounding distracted driving accidents. They will assess the unique circumstances of your case and determine the best course of action.
Thorough investigation: A skilled attorney will conduct a comprehensive investigation to gather evidence, interview witnesses, and reconstruct the accident scene, if necessary. This evidence will be vital in establishing liability and proving negligence.
Negotiation with insurance companies: Dealing with insurance companies can be challenging, as they often try to minimize settlements or deny claims altogether. An attorney will handle all communication with the insurance company and negotiate for a fair settlement on your behalf.
Mitigation of legal loopholes: Insurance companies may exploit any loopholes to avoid paying compensation. An attorney will protect your rights and ensure you do not fall victim to these tactics.
Trial representation: If a fair settlement cannot be reached, an attorney will be prepared to represent you in court. They will present a compelling case and fight for your rights before a judge and jury.

A skilled car accident lawyer will ensure your rights are protected and that you get maximum compensation for your injuries.

What Is A Distracted Driving Accident Claim Worth?

The value of a distracted driving accident claim varies depending on various factors, such as the severity of injuries, the impact on your daily life, the level of negligence exhibited by the distracted driver, and the available insurance coverage. While it is impossible to provide an exact figure without evaluating the specific details of your case, an experienced car accident attorney will assess the damages and strive to recover fair compensation.

In general, the following elements will be considered when determining the worth of a distracted driving accident claim:

Medical expenses: The costs of medical treatment, including emergency care, surgeries, physical therapy, and ongoing medical needs.
Lost income and future income: Compensation for the income you have lost due to the accident and any future loss of income or earning capacity.
Pain and suffering: The physical pain, emotional distress, and mental anguish experienced as a result of the accident and resulting injuries.
Property damage: The cost of repairing or replacing your vehicle or any other damaged property.
Loss of consortium: Compensation for the loss of the benefits of a family relationship, such as companionship, affection, and emotional support.

Every case is unique, and the outcome will depend on the accident’s details and circumstances. An experienced attorney will help you understand the potential value of your claim and fight for the compensation you deserve.

How Do Insurance Companies Take Advantage Of Injury Victims?

insurance, message on white card and hold by businessman

Many people injured in distracted driver accidents wonder if they should retain an attorney. Remember that the liable party’s insurance company will attempt to take advantage of you if you don’t hire a car accident attorney. Here’s how:

Lowball Settlement Offers Before You Hire An Attorney

One prevalent tactic is offering quick, lowball settlements. After an accident, injury victims are often in a financially precarious position, facing medical bills, lost income, and other expenses. Insurance adjusters may contact victims soon after the incident, offering a settlement that appears substantial but is far below the true value of the claim.

These offers exploit the victim’s immediate need for funds, pressuring them to accept before they fully understand the extent of their injuries or consult an attorney. Once a settlement is accepted, victims typically waive their right to pursue further compensation, even if their injuries worsen or require long-term care.

Insurance Claim Delays

Another way insurance companies take advantage is by delaying the claims process. Insurers may request excessive documentation, repeatedly ask for clarification, or conduct prolonged investigations to drag out the resolution of a claim. This strategy can wear down injury victims, who may be struggling with ongoing medical costs or an inability to work.

By creating frustration and financial strain, insurers hope victims will settle for less to resolve the matter quickly. Delays also benefit the insurer by postponing payouts, allowing the company to retain funds longer and earn interest.

Disputing The Severity Of Injuries

Insurance companies frequently dispute the severity or cause of injuries to minimize payouts. Adjusters may argue that the victim’s injuries pre-existed the accident, were caused by an unrelated event, or are not as severe as claimed. They may rely on biased medical evaluations from company-affiliated doctors who downplay injuries to reduce the insurer’s liability. Additionally, insurers may scrutinize a victim’s medical history to find any prior conditions that can be used to justify lower compensation, even if those conditions are unrelated to the accident.

Intimidation Tactics

Finally, insurance companies often use their vast resources to intimidate or overwhelm injury victims. Insurers employ teams of experienced adjusters, attorneys, and investigators who are well-versed in minimizing payouts.

In contrast, many victims lack the legal knowledge or financial means to effectively challenge the insurer’s tactics. Without legal representation, victims may struggle to navigate complex insurance policies, legal deadlines, or negotiations, leaving them vulnerable to unfair treatment. Even when victims hire attorneys, insurers may prolong litigation to increase legal costs, hoping to pressure victims into accepting smaller settlements.

You will avoid complications and insurance company tricks by hiring a car accident attorney after a distracted driver injures you. Your personal injury lawyer knows every insurance tactic in the book and will always protect your rights. Remember, your auto accident lawyer is compensated based on the money they recover for you, so they are highly motivated to get you the most possible.

Speak To A Personal Injury Lawyer Now

Distracted driving is a serious issue that poses significant risks and can result in life-altering accidents. If you have been involved in an accident caused by a distracted driver, it is essential to seek the guidance of a skilled personal injury attorney. They will navigate the complex legal process, establish liability, and fight for the compensation you rightfully deserve.

Contact a Billing personal injury lawyer near you to protect your rights and get the justice and compensation you need to move forward.

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