Individuals must pay attention when they are behind the wheel of a moving vehicle. Anything that takes their eyes away from the road can result in an accident. People have caused accidents because they were eating while driving, changing the radio station, or reaching for a child. Sadly, thanks to advances in technology, distracted driving has become more commonplace, and it poses serious risks to everyone on the road and those alongside a road.
Distracted driving may lead to a pedestrian being injured or killed, a bicyclist being harmed, or another innocent bystander injured. These accidents have increased significantly since smartphones become the norm in society. A driver of any age can be distracted while driving, but teens are most likely to use their smartphones while behind the wheel.
Today, many personal injury lawsuits arise from distracted driving and the use of smartphones. Men and women must keep this in mind when they are operating a motor vehicle. However, Curtis Legal Group wants everyone to recognize they are at risk of being a victim of a distracted driver. As a result, they must know what to do if they are injured as a result of this distraction.
The Cold, Hard Truth
The National Highway Traffic Safety Administration or NHTSA reports 3,142 individuals lost their lives in 2019 as a result of distracted driving. Any person texting while driving is twice as likely to cause an accident. Sadly, this doesn’t deter people from engaging in this activity. Almost 70 percent of drivers say they have texted in the past month while operating a vehicle. Texting remains the most dangerous distracted driving activity, which helps to explain why states are now putting laws into place that ban or restrict cellphone use while driving.
Injuries
Injuries incurred in a distracted driving accident range from bumps and bruises to death. There is no way of knowing what will happen during an accident of this type, as many factors come into play. Regardless of a person’s injuries, however, the party responsible for them should be held accountable. This is where a personal injury lawyer becomes of help.
Determining Whether the Driver Was Distracted
When an accident occurs, the first thing a person should do is contact law enforcement. Officers will come out and investigate the scene to determine who was at fault and if cell phone usage was a factor. They do so use a variety of methods. For example, they have the authority to request the cell phone records of all parties involved in the accident. When it is determined the party responsible for the accident was using their phone when the collision occurred, the cell phone records may be used in court to show the responsible driver was acting in a negligent or reckless manner.
Law enforcement officers may take other steps to determine the cause of the accident. They look into the driver’s background to see if they have prior tickets for distracted driving or other moving violations. In addition, they may pull the video from traffic cams to gather more information related to the incident.
Is a Personal Injury Attorney Needed?
Men and women injured in an automobile accident should speak with a personal injury attorney. The attorney will review the facts of the case and determine whether legal action should be pursued. As most attorneys handling personal injury cases work on a contingency basis, there is no cost to the victim to learn this information. For this reason, any person involved in this type of accident has nothing to lose by requesting a consultation.
What Can a Personal Injury Attorney Do?
A personal injury attorney takes on many tasks on behalf of their clients. They work with investigators to recreate the accident and determine fault. Furthermore, they review the driving history of all parties involved and examine any video of the accident that is available. The attorney may speak with anyone who witnessed the accident and see if there is evidence the other driver was distracted at the time of the accident.
If the attorney finds the other party was responsible, they help the victim pursue compensation for any injuries, pain and suffering, loss of wages and earning capacity, and more. Individuals often overlooked expenses related to the accident that they may be compensated for. The attorney knows what a victim may be compensated for and ensures nothing is overlooked, as a victim shouldn’t have to pay bills they didn’t incur willingly.
Steps in a Personal Injury Lawsuit
A personal injury lawsuit begins when a person meets with an attorney and signs a representation agreement. Once this agreement is in place, the attorney prepares the required documents and files them with the appropriate court. The next stage of the process is referred to as fact-finding and discovery. At this time, the case may be resolved before it heads to trial. In certain cases, the judge determines the victim doesn’t have a case and dismisses the lawsuit.
When it is determined the victim has a case, the attorney for the responsible driver or their insurance carry may choose to settle out of court. If an agreement cannot be reached, the case then heads to the courtroom where a judge or jury decides whether the victim has shown the defendant acted in a negligent or reckless manner. When the case is ruled in favor of the victim, a settlement will be awarded. The final step in the process involves the collection of the settlement after the judgment.
Any person injured in an auto accident should speak with a personal injury attorney to learn their rights and responsibilities. When the accident is the result of distracted driving on the part of the other driver, the victim might be entitled to punitive damages. An attorney becomes of great help in determining if this is the case.
Most personal injury lawyers work on a contingency basis, which means they only get paid if they win the case. They then receive a portion of the settlement at a previously agreed-upon amount. Contact an attorney today to discuss your case, as they will be happy to help you in determining whether to pursue the matter.