Free Consultation: 718-461-6633
Free Consultation: 718-461-6633
Free Consultation: 718-461-6633
Free Consultation: 718-461-6633
Distracted driving is the major cause of auto accidents in America. Thousands of individuals get injured or die yearly as a result of the fact that a driver was not being attentive on the road.
Provided that you or a relative was injured in such a car crash, a distracted driving accident attorney can be of assistance. These lawyers take up your cause and make sure that you get the compensation that you are entitled to.
In this blog we are going to review what is distracted driving, why it is harmful and how a lawyer can support you after an accident.
Distracted driving refers to engaging in an activity which prevents you to pay attention to the road. It may include the least dangerous thing like eating and the most dangerous like texting when behind the wheel. Distractions could be of three main types:
Visual: Distraction of the eyes.
Manual: Removing your hands of the wheel.
Cognitive: distracting the mind to drive.
When these cases of accidents involve distracted driving, only an experienced distracted driving injury lawyer will know how to investigate the case and construct a good case.
Action that results in distracted driving accidents include the following:
Using phone or texting
Radio, GPS setting
Consuming or drinking
Talking to passengers
Dressing or makeup
Looking at anything that is outside the vehicle
It is particularly hazardous when texting is done when driving. It includes all the three kinds of distraction, that is, visual, manual, and cognitive.
A distracted driving accident lawyer will establish the fact that caused the accident and make the at-fault party liable.
It demands total concentration to drive. Any moment of distraction may cause a disaster. As it is suggested by the National Highway Traffic Safety Administration (NHTSA), five seconds out of the road at 55 mph equals to driving a football field blind. The result of accidents that happen due to distracted drivers may include:
Head injuries
Broken bones
Internal bleeding
Paralysis Death
This is the reason why victims usually require the services of a distracted driving car accident lawyer so that they can demand justice.
The distracted driver is in most instances to blame. In other cases however, other parties could be at fault. For example:
There is possible liability in the case of an employer when one happens to be working when they were driving.
The fault could also be that of a rideshare company (such as Uber or Lyft) in the case of having a distracted driver.
A restaurant can be sued in case a delivery person had an accident because he/she was texting.
An attorney whose specialty is in the case of distracted driving accidents may explore all possibilities to determine whose negligence is to be blamed.
It is difficult to reason after having an accident. However whatever you do immediately after the crash may impact on your case. Here is what you ought to do:
Call 911: Get in contact with 911 and report the accident.
Get medical assistance: Even in case of slight injuries.
Collect evidence: Take pictures of the scene, damage and injuries.
Gather evidence: Obtain the contact information of other driver and witnesses.
Avoid talking to the insurance company: Do not give the insurance company a conversation, without any legal assistance.
Reach a distracted driving attorney: As soon as possible.
Quick action will keep you off a bad position in case of compensation.
These attorneys are professionals in personal injury and auto accident related cases. These are what they can do to you:
Your attorney will collect which police reports, videos and witness statements. They can also acquire phone records in order to indicate that the driver was distracted.
In order to claim your lawsuit, they must demonstrate that the injuries were as a result of the negligence of the other driver. This might be complicated when it is not assisted by the law.
Insurance adjusters attempt to accept low downs. A distracted driving lawyer negotiates to earn you a reasonable settlement.
In case the insurance firm does not settle, your attorney will file the case in a court of law.
You can receive compensation when you get injuries as a result of a distracted driver accident. Compensation covers:
Medical bills
Lost wages
Property damage
Suffering and pain
Emotional distress
Permanent disability
A professional project diversion lawsuit attorney will estimate all your damages and request full reparation.
It is legally limited with a period known as statute of limitations. In a lot of states, you get 2 to 3 years, after you had an accident to claim personal injury. Missing the deadline implies that you can lose your right to sue. A local distracted driving injury lawyer will ensure that your case is ruled within due time and in accordance with law
It does not require any extraordinary occurrence that the wrong driver to claim that he or she was not distracted. That is where law experience is needed. The following may be used by your lawyer:
Surveillance footage
Phone data
Eyewitness accounts
Car black box records
Qualified reconstruction of accidents
This will be used to show that the other driver was distracted, and the accident was his mistake.
Yes, the majority of states still allow a person to sue even though he was partially at fault. This is termed as comparative negligence. To illustrate this example, suppose that you caused 20 percent of the accident and the other driver caused 80 percent of the accident, you would still get 80 percent of the damages back. An attorney who specializes in cases of distracted driving accidents will do his best to reduce your culpability and increase your award.
It is important to find a nice attorney. And this is what you should find:
Car accident experience and personal injury experience
Good success in terms of settlements and trial victories
Easy understanding and understanding support
Charging Free consultation and a contingency fee (you will not pay anything, unless you win)
A competent auto accident attorney will help you all through the process.
Suppose you are hurt in an intersection by a person as they ran the red light and talked on a phone. You had a broken arm and you missed several months of work. An attorney specialized on distracted drivers would:
Get the phone records of the driver
Watch traffic cameras
Show that they disturbed others
Make a claim or file legal proceedings
Receive medical expenses, lost wages and suffering damages
It is this type of sincere assistance that a high-rated attorney will be able to do.
Distracted driving is fatal, and most of the time fatal. In case you were injured in this type of accident, you should get justice. You deserve rights, compensation and peace of mind to move on and an accident lawyer specializing in distracted driving accidents is exactly what you need to achieve that. They will defend your rights, collect all the evidence, and struggle each cent that you can get. Do not go solo against this. Beat your legal problem, get legal assistance now!
A: All acts which divert the focus on driving such as texting, eating, or using GPS.
A: Distraction may be proved with the help of phone records, eyewitnesses, and video.
A: Majority operate on a contingency fee basis and therefore you pay them only when you win your case.
A: Yes, and the employer could also be put at fault.
A: Immediately. The faster you do an action, the more you have a case.
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