Distracted driving does not get as much bad press as speeding or drunk driving. However, it is one of the major causes of accidents and fatalities on U.S. roads every year. Figures from the National Highway Traffic Safety Administration (NHTSA) show that 2,841 people died nationwide in accidents caused by distracted driving in 2018.
Distracted Driving Examples
Distracted driving is anything that takes a driver’s attention away from the road and safe operation of their vehicle, such as:
- Cell phone use and texting
- Interacting with passengers
- Eating and drinking
- Applying makeup or shaving
- Adjusting the stereo
- Listening to loud music
The Utah Department of Public Safety Highway ranked the following top causes for distracted driving crashes in Utah in 2016:
- Cell Phone (15%)
- Other Inside Distraction (11%)
- Passengers (11%)
- Other External Distraction (10%)
- Radio/CD/DVD (8%)
- Other Electronic Device (3%)
- Texting (1%)
- Other (41%)
If a distracted driver is responsible for your accident or a loved one’s death, you may potentially recover compensation.
A Salt Lake City distracted driving accident lawyer at Ben Crump Law, PLLC can help. Call us today for a free consultation to determine whether you have legal recourse and what your next best steps are at (800) 598-7557.
Proving Your Case
Litigating a distracted driving claim can be complicated, especially when it comes to proving negligence. If there were eyewitnesses of the accident, they may be able to confirm that a driver acted distractedly and caused the accident.
However, distracted driving accidents are not always this cut and dry. Unfortunately, even if they are in the wrong, a defendant will most likely try to dispute your version of events and may argue, with the help of a lawyer, that you have at least some responsibility for the accident.
This is when it can pay to have a car accident lawyer by your side who knows how to protect you and understands the applicable laws. A lawyer will examine and gather important evidence and work on proving the following main elements of a personal injury or wrongful death claim:
- The other driver owed you a duty of care
- The distracted driver breached the duty of care
- This breach caused your accident and injuries
- You have economic and/or noneconomic damages
You do not have to struggle through a personal injury lawsuit by yourself. Contact a Salt Lake City distracted driving accident lawyer today for help and advice.
For a free legal consultation with a distracted driving accidents lawyer serving Salt Lake City, call (800) 598-7557
You May Recover Compensation
Utah is a no-fault state, so you will probably be seeking compensation from your own car insurance first, which may pay for your initial medical bills. However, you will probably hit the coverage ceiling quickly, especially if you suffered serious or life-changing injuries. In this case, unless you initiate legal action, you may be left to pay for your own expenses and damages. The law states that the liable party should make you whole, so if the other driver’s negligence caused your injuries and financial losses, you may wish to contact a Salt Lake City distracted driving accident lawyer to help you file a claim.
While it can be difficult to speculate what you may recover in your individual car accident claim, you may potentially recover various types of compensation such as:
- Property damage
- Lost income and future lost income
- All medical expenses and future medical expenses
- Physical pain and anguish
- Emotional suffering
You may recover many other types of compensation. If the driver of the other car was grossly negligent without any regard for other road users’ lives, you may also receive punitive damages. Punitive damages are intended to punish a driver for reckless behavior.
Salt Lake City Distracted Driving Accident Lawyer Near Me (800) 598-7557
Hiring a Distracted Driving Accident Lawyer
Getting into an accident with a distracted driver can have a negative impact on your health as well as your finances for many years to come. An accident can leave you in emotional distress, making it challenging to recover from your injuries and get your life back on track. Losing a loved one in an accident with a distracted driver feels senseless and devastating.
While no amount of compensation can make you healthy again or bring back your loved one, you should still consider fighting for justice and compensation. A Salt Lake City distracted driving accident lawyer can be with you every step of the way, building your case while you are free to recover. They can do the hard work, so you do not have to, including:
- Collecting relevant evidence to strengthen your claim
- Calculating your damages adequately
- Building your case against a distracted driver
- Dealing with the insurance companies
- Negotiating an out-of-court settlement
- Taking your case to court and representing you, if necessary
Make sure to take action as soon as you can. While you have up to four years to file a personal injury claim under Utah Code §78B-2-307, waiting with litigation has no benefit. The longer you draw out filing a claim, the more likely it is that important evidence or witnesses can disappear.
Contact a Distracted Driving Accident Lawyer Now
If you suffered serious injuries in an accident with a distracted driver, the last thing on your mind may be starting a court battle. However, the alternative is having to pay for all your expenses yourself when someone else is at fault for your accident and injuries. Do not let a distracted driver get away with doing this to you.
If you worry about the stress that litigation can bring, remember that you do not have to face this alone. A Salt Lake City distracted driving accident lawyer can handle all aspects of your claim, even when it comes to dealing with your insurance.
We can take your case into our hands and fight for your rights to justice and compensation. The time after an accident can be full of worries and financial burdens. When you work with us, you do not have to worry about any up-front attorney’s fees as we work on a “no win, no fee basis”, so there is no risk for you.
Call Ben Crump Law, PLLC now for help with your car accident claim at (800) 598-7557, and schedule your free, no-obligation consultation today.