Distracted driving is hazardous. The National Highway Traffic Safety Administration (NHTSA) reports that 3,308 people died in distracted driving accidents in a recent year. Thousands more suffered injuries. Fortunately, people who suffered an injury because of another person’s negligence, such as distracted driving, have legal options to make themselves whole.
Did a distracted driver recently injure you in an accident? You can file a personal injury claim to recover compensation for your damages, including medical bills, lost earnings, pain and suffering, and mental anguish. Speak to an auto accident attorney today to learn more and see if you have a viable claim.
What Is Distracted Driving?
Distracted driving is anything that takes your attention from driving. There are three basic types of distraction while driving:
- Manual: A distraction that takes one’s hands off the wheel.
- Cognitive: Distraction that takes one’s mind off the road.
- Visual: Distraction that takes one’s eyes off the road.
Common examples include texting and surfing the Internet, eating and drinking, talking to passengers, reading, checking the GPS, and putting on makeup. A driver can also be distracted by daydreaming.
Distracted driving is dangerous and can lead to serious and fatal auto accidents. The NHTSA estimated in 2012 that driver distraction was a factor in 10 percent of all deadly car accidents and 18 percent of all accidents with injuries.
Texting is the most common and hazardous distraction. Sending or reading a text message takes your eyes from driving for several seconds. At 55 MPH, taking your eyes from the road for three seconds is like driving an entire football field length with closed eyes. Concerning texting and driving, statistics include:
- Texting drivers are 23 times more likely to be in a car accident.
- Texting and driving leads to 1.6 million car crashes annually.
- Texting and driving is six times more hazardous than drinking and driving.
- Over 229 teenagers died in distracted driving crashes in a recent year.
Drivers cannot drive safely and avoid accidents unless driving commands their full attention. A distracted driver who injures a motorist or pedestrian has violated their duty of care and may have to pay damages in a car accident claim.
Potential Compensation In A Distracted Driving Claim
There are two types of damages you may receive in a distracted driving auto accident claim:
Economic Damages
Economic damages such as medical bills and lost earnings are easy to calculate. You may receive compensation for your current and future medical expenses, which can be substantial for a serious injury, such as brain injuries, spinal cord injuries, or amputation injuries.
You may receive compensation for past and current lost earnings related to the accident and your recovery. If the fault is proven, you should receive lost earnings for as long as you cannot work. Also, a severe injury may entitle you to compensation for lost earning capacity. Some injury victims are permanently disabled and need compensation for the rest of their lives.
Non-Economic Damages
Non-economic damages are subjective and aren’t as easy to calculate. You may be entitled to physical pain and suffering compensation for the discomfort related to your injuries and treatments. For example, having several shattered bones in a distracted driving pedestrian accident may cause you excruciating pain, and you should be compensated for that.
Also, you can be entitled to compensation for mental and emotional anguish related to a serious injury. Being unable to walk again because of a paralysis injury is mentally challenging, and you should receive ample compensation for this loss.
A skilled auto accident attorney will demand the most compensation for your physical and emotional pain and suffering. They may interview your doctors and get their statements about your injuries and how they affect you physically and emotionally.
Proving Fault In A Distracted Driving Crash
Do you suspect that the driver that hit you was on their phone at the time of the accident? This information should be shared with the police and your auto accident attorney. When you work with an attorney, they can request to review the other driver’s cell phone records to determine if they were on their phone.
Generally, proving distracted driving means showing that the other party was negligent in using their phone while driving. There are four main elements of proof required to prove negligence:
- Duty of care: Your auto accident attorney must prove that the other party owed you a duty of care when the accident happened. An example is not using a cell phone while driving and obeying the state’s distracted driving laws.
- Breach of duty: Distracted driving violates the driver’s duty of care. The driver knew they could endanger others by being distracted, but they did so anyway and caused an accident.
- Damages: Your auto accident attorney needs to prove that you have injuries related to the accident, such as a broken arm or leg.
- Losses: Your attorney must show that you suffered losses and damages, such as medical expenses and lost earnings.
The distraction or other type of negligence must cause the car accident for you to receive compensation.
The attorney may talk to witnesses to check if they can back up your claim that the other party was texting and driving. They may also obtain the police report, any available surveillance video of the accident, and photos from the crash scene. If distracted driving is proven, this will be shared with the liable driver’s insurance company in a demand letter.
How Much Compensation In A Distracted Driving Claim?
You should immediately seek a car accident lawyer if a distracted driver injures you. A skilled personal injury attorney understands these cases and will fight for the best settlement. How much you can get is hard to say; some cases are settled for a few thousand dollars, but a severe injury case may be worth six or seven figures. The following factors drive settlement amounts:
Severity Of Injuries
Distracted driving accidents can involve severe injuries. A distracted driver may brake little, if at all, before an accident, leading to a higher-speed collision. Your distracted driving claim settlement will be higher if there are severe injuries, such as brain trauma, spinal cord injuries, amputation, or multiple broken bones.
Medical Expenses
Severe injuries have higher medical bills, such as hospitalization, surgeries and procedures, and rehabilitation. Your car accident attorney will review your injuries and prognosis with your doctor to understand the future medical care needed. They will ensure you have all the money you need to get the necessary medical treatments.
Pain and Suffering
Imagine being a pedestrian hit by a driver who was texting and driving. You could have shattered bones, road rash, back and neck injuries, and dislocated joints. Your pain and suffering would be off the charts, so your case value would be higher.
On the other hand, a less severe injury, such as a broken wrist, would have less pain and suffering compensation.
Loss of Personal Enjoyment
Another driver of your compensation is the loss of personal enjoyment from the injury. A paralysis injury would prevent you from enjoying most of the things you once did, and that would increase your settlement.
Mental Anguish
A severe injury also causes mental and emotional anguish from the injuries and loss of enjoyment of life. Your attorney may speak to your mental health providers to understand how the injuries affect you mentally.
One of your attorney’s most critical jobs is accurately assessing your damages. Obtaining enough compensation to recover from your injuries and move on with life is essential. Always have a distracted driving lawyer review your case and give you a case estimate.
Available Insurance
Unfortunately, not every driver has significant insurance coverage. Some parties may have minimal insurance or be uninsured. If only $25,000 of coverage is available, being fully compensated for your losses can be challenging. However, a critical attorney task is to find any possible insurance policy that can be used to reimburse you.
How A Distracted Driving Attorney Can Help
Were you or a loved one injured by a distracted driver? There are many ways that a car accident attorney can help fight for justice. Your attorney can review the accident report to determine if the driver who hit you was ticketed for distracted driving or another violation. The car accident attorney can interview anyone in the vehicle and talk to eyewitnesses.
Your attorney can obtain this vital video evidence if traffic surveillance cameras are in the crash area. They may get the driver’s cell phone records to determine if they were distracted by a cell phone. If so, they can show the insurance company that their client was distracted and caused your injuries.
A car accident attorney can review your medical records and determine the compensation needed for your current and future medical needs. They also may obtain your earnings and salary information to calculate the lost earnings and lost earning capacity compensation to which you can be entitled.
In many distracted driving cases, a seasoned auto accident attorney can negotiate an out-of-court settlement to avoid an expensive, lengthy trial. The insurance company may not offer a fair settlement, so your attorney may go to court and present the case to a jury.
Your auto accident lawyer will be your legal advocate in your distracted driving case. They will obtain evidence to prove fault and hold the other party accountable. The attorney will deal with the insurance company’s requests and ongoing negotiations so you can focus on your recovery.
Statistics show that plaintiffs usually receive higher settlements when they hire a car accident attorney. Not hiring an attorney means you risk the insurance company delaying, minimizing, or denying your claim. Have an auto accident attorney review your case to determine your legal options.
How Long To Settle A Distracted Driving Claim?
Most car accident claims are settled out of court. The advantage of a settlement is that you get a guaranteed amount of money in your pocket faster than in a court trial. Most car accident claims that end in a settlement are resolved within six to 12 months. In a case with clear liability and minor injuries, your case might get settled in a month or two.
More complicated cases may take longer. For example, these types of distracted driving cases may take longer to resolve:
- The fault is disputed: Suppose you accuse the other driver of being distracted, but they weren’t on their cell phone. It may be harder to prove they were distracted by something else and caused the accident.
- Multiple parties are at fault: A case such as a highway pileup can have several liable parties, and this complex matter takes longer to sort out.
- Serious injuries or death: A case with catastrophic injuries or death will take longer to resolve because of the amount of compensation at stake.
Also, the case will take longer to resolve if you decide to file a lawsuit and go to trial. This isn’t common, but it may be necessary if the insurance company fails to offer enough money for your medical bills, lost earnings, and pain and suffering. Remember, there is a chance that the jury can decide against you, so there’s a risk that you get nothing. That is why most car accident claims end with a settlement.
Your attorney will review the final settlement offer the insurance company makes. They’ll advise if it’s a fair offer or if there’s a better chance of getting more in a trial.
Speak To A Car Accident Attorney Today
If you or a loved one was injured in an accident caused by a distracted driver, you should contact an injury attorney as soon as possible to find out your rights and options. You may be entitled to compensation for your damages. This can be through a claim or a lawsuit.
You can receive payment for your medical bills, lost earnings, and pain and suffering. But you need to contact an auto accident attorney today in a free consultation to learn if you have a case. Contact a car accident lawyer today.
