Distracted driving could cause a side-impact crash, and a distracted driver could be responsible for any type of motor vehicle collision. Drivers that are visually, mentally, or physically distracted are a major risk to their fellow motorists.
If you suffered an injury in a side-impact crash caused by a distracted driver, you could be entitled to monetary compensation. The distracted driver could be responsible for your losses.
How Distracted Driving Could Cause a Side-Impact Crash
Distractions can come in different forms. Visual distractions involve a driver looking away from the road in front of them. Physical distractions involve manipulating something other than the steering wheel – often the radio dial in the car.
Mental distractions include anything that takes the driver’s mind off of the roadway. This could include talking with a passenger or daydreaming. The Insurance Institute for Highway Safety (IIHS) reports that cell phone use is a primary cause of these accidents:
T-Bone Accidents at Intersections
Most side-impact collisions happen at the point where two roads intersect. When a distracted driver fails to notice a traffic control device, they can collide with cross-traffic. This is a common cause of side-impact collisions.
Sideswipe Accidents
Not all side-impact accidents occur in intersections. Sideswipe accidents involve the sides of two vehicles striking each other while traveling in the same direction.
Distraction can also lead to these accidents. The resulting injuries from these collisions can be significant. This can be especially true if one or both vehicles lose control and leave the roadway.
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Proving Liability with a Distracted Driver
Personal injury cases typically involve a theory of negligence. By showing that the other party was negligent, you could recover compensation for your injuries. There are four elements to proving negligence in a side-impact crash. These include duty, breach, causation, and damages.
Duty
Establishing the duty of care is the first step in proving who caused a side-impact crash. This process is not always simple in certain personal injury cases. Establishing the duty of care in a motor vehicle accident is usually straightforward, though.
This is because everyone that operates a passenger vehicle on a public roadway has a duty to anyone in the vicinity of the roadway. This duty requires each motorist to operate their vehicle safely and reliably.
Breach
Once it is clear the defendant owed a duty of care to the plaintiff, the next step is to show that the duty was breached. Any careless or reckless act that causes a crash could be considered a breach of the duty of care.
Distracted driving is commonly used as grounds that a party breached the duty of care. When a motorist fails to pay attention to the roadway when reading an e-mail or adjusting the radio, they put their fellow drivers at risk.
Drawing attention away from the task of driving could have dangerous consequences, even if it was only for a matter of seconds. For that reason, proof of distracted driving is frequently evidence of a breach in a side-impact collision case.
Causation
The third element is referred to as causation. This is the link between the distracted driver’s negligence and any injuries that occurred. A plaintiff might have a variety of losses. However, they are only entitled to recover compensation for those directly linked to the defendant’s actions.
Damages
There must also be evidence of compensable damages before a plaintiff can recover a monetary award from a distracted driver. This means that the plaintiff must suffer losses from the accident to collect an award, even if the other elements of negligence are present.
Many types of damages are available in a side-impact collision case. Medical bills and lost wages are examples of losses a plaintiff could have suffered. A plaintiff could also seek compensation for their physical pain and suffering resulting from the accident.
Can I Afford Your Services?
You do not need to be wealthy to retain our lawyers. We work on a contingency-fee basis, which means we do not get paid until you do. Our team takes our fee out of your award.
We are not like other firms that would have you pay up front or by the hour. We know you are under financial stress. We do not want to make that stress any worse.
Contact our personal injury lawyers today
Discuss Your Side-Impact Collision with Our Team
A distracted driver can cause a side-impact crash. If you were hurt in a side-impact crash a distracted driver caused, it would be unreasonable for you to bear the expense of your recovery. You could be entitled to pursue civil action against the at-fault driver for your losses.
Before you take on the challenge of a personal injury lawsuit on your own, let our attorneys review your case and advise you on your options. The team at Loncar Lyon Jenkins is ready to guide you through the litigation process. We can help you secure compensation. To learn more, call (877) 239-4878 for your free consultation right away.
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