If your car accident was caused by distracted driving, you have the right to hire a car accident lawyer and pursue financial compensation from the at-fault party’s insurance company. Distracted driving is a form of negligence, and whoever engages in it should be held responsible for any damage they cause.
Car Accident Lawyers Can Handle Distracted Driving Cases
After receiving medical treatment for injuries sustained in the crash, your first order of business should be to consult an attorney about your legal rights. As the survivor of a negligence-related accident, you deserve the opportunity to:
- Take legal action against the careless driver
- Ask the liable party’s insurance company for a settlement that covers all of the physical, mental, and monetary losses you suffered
- Take the liable party to trial and seek a jury award, if necessary
There are, however, limitations on these rights, as you only have a short window of opportunity to pursue damages after a distracted driving accident. This time limit differs from state to state. In Texas, for instance, Texas Civil Practice and Remedies Code § 16.003 says that you have two years from the accident date to get started. This deadline may be shorter or longer in other areas.
To protect your rights after an accident, even if the accident was not your fault, you can hire a car accident attorney to handle all legal matters surrounding the crash. This includes:
- Advising you of the best way to approach the liable party with your request for compensation
- Collecting evidence to prove that the at-fault party caused the crash and that they should pay for your losses
- Negotiating on your behalf with the at-fault party’s insurer for a fair settlement
- Dealing with the paperwork generated by your case, so you do not have to personally worry about filling out the right forms or submitting everything on time
- Representing you at a courtroom trial, if your case gets that far (many settle out of court)
No matter what twists and turns your case takes, your car accident lawyer can be there for you. This is the greatest advantage of hiring a legal representative to handle your case: They can answer all of your questions, explain the pros and cons of your options, and help you make intelligent legal decisions.
Why File a Distracted Driving Car Accident Case?
There are two very good reasons why someone may want to take legal action after a car accident: obtaining justice and recovering compensation.
When someone drives while distracted, they put everyone around them in danger. A lawsuit could:
- Serve as a “wake-up call” that makes them think twice about driving while distracted in the future
- Demonstrate to others what the consequences of distracted driving are
- Make your area a safer place to drive for everybody
Secondly, distracted driving accidents can be very costly, both in terms of money and your general well-being. A legal action could enable you to recover damages for some of what you have lost, including:
- Medical expenses
- Property damage
- Loss of income
- Pain and suffering
- Reduced quality of life
- Disabling injuries
In the event your loved one passes away due to their accident injuries, pursuing a legal case becomes even more important—and even more difficult. Know that there are car accident lawyers in your area who can manage your entire case from start to finish. While they are handling legal matters, you would be free to:
- Receive medical care for your injuries
- Mourn your losses, whether that includes a loved one, your career, or a permanent disability
- Spend time with the people you love
- Come up with a plan for achieving a new normal after such a traumatic event
How Distracted Driving Causes Car Accidents
Before you can sue someone for distracted driving, it is important to understand:
- What distracted driving is
- Why it is so dangerous
- How you can prove distracted driving caused your car crash
Per the National Highway Traffic Safety Administration (NHTSA), distracted driving includes any behavior that takes a driver’s attention off the road. This could mean:
- Using handheld devices, like a cell phone
- Turning around to look at or talk to other people in the car
- Adjusting devices, like the air conditioning or a GPS
- Eating or drinking while driving
Each of these activities prevents the driver from paying full attention to their environment. Roadways are very busy and complex places with a lot of “moving parts,” so even a split-second distraction can cause a driver to:
- Drift into another lane
- Ignore stop signs or red lights
- Fail to notice oncoming dangers
- Hit a stopped or parked car
This is why many states have implemented laws to cut down on distracted driving, such as laws banning cell phone use behind the wheel.
Evidence That Distracted Driving Caused Your Car Crash
If your car accident was caused by distracted driving, you will need to prove that to the insurance company’s satisfaction before they will grant you any compensation. Your personal injury lawyer may be able to prove your case in any number of ways, including by:
- Identifying video footage that shows the at-fault party engaging in distracting activities
- Speaking to witnesses who saw what the distracted driver was doing leading up to the collision
- Interviewing the distracted driver and getting them to admit to negligence
- Reviewing the car accident report, which contains all materials the police gathered on your case and may include proof of distracted driving
There is no excuse for distracted driving. With help from a legal representative, you could recover the compensation you deserve for accident-related losses and hold the careless driver accountable for the harm they have done to you and your family.
Let Us Handle Your Distracted Driving Car Accident Case
Loncar Lyon Jenkins is proud to help people file personal injury and wrongful death cases against negligent parties. If your car accident was caused by distracted driving, call us for a free case evaluation or fill out our online contact form. You will not have to pay our attorney’s fees unless and until you get compensation. We are ready to stand by you today.
