Distracted driving is an epidemic on our roads today, leading to countless preventable accidents. The Centers for Disease Control and Prevention (CDC) highlights the devastating impact, reporting thousands of injuries and fatalities daily due to this dangerous behavior. Every driver has a crucial responsibility to maintain focus behind the wheel, ensuring the safety of themselves and everyone around them. When this responsibility is ignored and distraction leads to an accident, the consequences can be life-altering.
If you or a loved one has been injured because of a distracted driver, you have legal rights and may be entitled to significant compensation for your losses and suffering. You don’t have to navigate this challenging time alone. A Distracted Driving Accident Lawyer can be your strongest advocate, helping you recover from the accident’s aftermath and fight for the compensation you deserve.
At Ben Crump Law, PLLC, our experienced legal team is dedicated to assisting victims of distracted driving. We are prepared to stand by your side, whether it involves negotiating with insurance companies or pursuing a lawsuit against the at-fault driver. For a free, no-obligation consultation, call us today at (844) 730-0233. We handle complex cases with determination and work on a contingency fee basis, meaning you pay nothing unless we secure a settlement for you.
Understanding Distracted Driving: More Than Just Texting
The U.S. Department of Transportation (DOT) defines distracted driving broadly as “any activity that diverts attention from driving.” It’s not just one thing; distractions fall into three main categories:
- Visual: Anything that takes your eyes off the road.
- Manual: Anything that requires you to take your hands off the wheel.
- Cognitive: Anything that takes your mind away from the task of driving.
While many things can cause driver distraction, some of the most prevalent include:
- Texting while driving: This is arguably the most dangerous form of distracted driving, involving all three types of distraction simultaneously.
- Talking on the phone: Even hands-free devices can be cognitively distracting.
- Interacting with passengers: Loud conversations or emotional discussions can divert attention.
- Adjusting vehicle controls: Fiddling with the radio, GPS, temperature, or other in-car systems.
- Eating and drinking: These activities take hands and attention away from driving safely.
Texting while driving is so dangerous that the Governors Highway Safety Association (GHSA) reports that nearly all states have banned it. Furthermore, over twenty states prohibit hand-held cell phone use entirely while driving.
Despite the clear dangers, no federal ban on texting or cell phone use while driving exists yet, as noted by the Federal Communications Commission (FCC). However, states are aggressively tackling this issue through legislation and stricter penalties.
Your Legal Options After a Distracted Driving Accident
If you’ve been involved in a car accident caused by a distracted driver, you have legal avenues to seek financial recovery for your losses. There are primarily two legal paths you can pursue:
- Filing an Insurance Claim: You can pursue a claim against the distracted driver’s insurance company. Their policy should cover the damages you’ve incurred due to their negligence.
- Filing a Personal Injury Lawsuit: You have the right to file a personal injury lawsuit in civil court directly against the distracted driver. This lawsuit aims to compel them to compensate you for your damages.
While filing a claim with your own insurance is possible, especially if the at-fault driver is uninsured, it’s less common as most drivers are legally required to carry insurance. The extent of your own coverage will also influence what you can recover from your insurer.
Holding a distracted driver accountable through a claim or lawsuit is crucial. It not only ensures you are not financially burdened by someone else’s negligence but also sends a message that distracted driving has serious consequences, potentially deterring future incidents. A distracted driving accident lawyer can guide you through these legal processes.
Recoverable Damages in a Distracted Driving Accident Case
Following a distracted driving accident, you may be entitled to compensation for a range of losses. These “damages” are designed to cover the financial and personal burdens you’ve experienced. You could potentially recover compensation for:
- Vehicle Repair or Replacement: Costs to repair your damaged vehicle or the fair market value if it’s totaled.
- Medical Expenses: All medical bills related to your accident injuries, including hospital stays, doctor visits, physical therapy, medications, and future medical care.
- Lost Income: Wages lost due to time off work for injury recovery and medical appointments, including diminished future earning capacity if injuries are long-term.
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident and your injuries.
- Property Damage: Costs to repair or replace any other property damaged in the accident, such as personal belongings in your vehicle.
- Other Accident-Related Expenses: This can include rental car costs, transportation to medical appointments, and other out-of-pocket expenses incurred due to the accident.
To fully understand the scope of damages you may be entitled to, consulting with a distracted driving accident lawyer is essential. The team at Ben Crump Law, PLLC, can help you identify all your recoverable damages and build a strong claim on your behalf.
Time Limits Matter: The Statute of Limitations
It’s crucial to be aware of the statute of limitations, which is a legal deadline for filing a lawsuit after an incident. For personal injury claims, including distracted driving accident cases, the statute of limitations varies by state. Generally, most states impose a two or three-year limit from the date of the accident.
To determine the specific statute of limitations in your state, you can research your local laws or, more simply, consult with a distracted driving accident lawyer. Acting promptly to file your claim is always advisable to avoid the risk of your case being time-barred, meaning you lose your legal right to pursue compensation.
How a Distracted Driving Accident Lawyer Can Be Your Advocate
Recovering from a car accident, especially one caused by a distracted driver, is a challenging process, both physically and emotionally. A distracted driving accident lawyer can provide invaluable support and legal expertise during this difficult time. At Ben Crump Law, PLLC, we are committed to helping you navigate the complexities of your claim and fight for the justice you deserve.
Proving fault is central to winning a distracted driving insurance claim or personal injury lawsuit. To establish that the other driver was responsible for the accident, we conduct thorough investigations, which may involve:
- Obtaining and Analyzing Police Reports: Police reports often contain crucial details about the accident scene, witness statements, and the officer’s assessment of fault.
- Reviewing Video Surveillance: Traffic cameras, dashcam footage, or nearby security cameras may have captured the accident or the driver’s distracted behavior.
- Examining Accident Scene Photos: Photos of vehicle damage and the accident scene can provide valuable evidence of the accident’s cause and severity.
- Witness Interviews and Affidavits: Locating and interviewing witnesses, including passengers and bystanders, to gather firsthand accounts of the accident.
- Identifying Evidence of Distraction: This could include cell phone records, social media activity, or witness testimony confirming the driver was texting, talking on the phone, or otherwise distracted.
Furthermore, our team will meticulously identify all your potential damages, handle all communication with insurance companies and opposing counsel, and negotiate fiercely on your behalf to reach a fair settlement. Our goal is to alleviate the stress of the legal process, allowing you to focus on your recovery.
Contact Ben Crump Law, PLLC today for a free consultation. Let us help you understand your rights and explore your legal options. Remember, we work on a contingency fee basis – you owe us nothing unless we win your case. Call us now at (844) 730-0233 to speak with a dedicated team member.
