Distracted driving not only kills but is also responsible for a staggering number of injuries every year. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving caused 2,841 fatalities in 2018.
Distracted driving can be anything that takes a driver’s attention away from the road, including:
- Talking or texting on the phone
- Eating or drinking while driving
- Talking to others in the car
- Getting distracted by children or pets in the car
- Adjusting the stereo
- Listening to loud music
- Using the GPS
- Looking at something on the side of the road
- Reaching for something on the floor or on other seats
- Changing clothes
- Putting on make-up
If you or a family member suffered injuries in a car accident with a distracted driver, you should know that help is available to get your due. You do not have to struggle with a lawsuit on your own and can hire a San Francisco distracted driving accident lawyer for help today. Call Ben Crump Law, PLLC now for your free, no-obligation case review at 800-959-1444.
Proving Your Case
To be able to pursue compensation and have a case against a driver, you will need to prove that the driver has a duty of care towards you, that they breached that duty of care, and that the breach resulted in the accident and your injuries. Even in a fairly clear-cut case, you will have to provide comprehensive evidence that holds up in a court of law.
When it comes to distracted driving, you could be struggling to find enough evidence to prove a driver’s distraction unless they used their phone at the time of the accident, in which case, you could obtain phone records. Evidence to prove the fault of the other driver can include:
- Eyewitness’ statements
- Police reports
- Phone records
- Traffic camera footage
- Photographs of the accident scene and vehicles
- Car black box data
- Evidence of medical treatment
- Evidence of lost wages
Proving fault in distracted driving accidents can be a tricky and time-consuming process. However, a San Francisco distracted driving accident lawyer can help you gather the evidence needed to prove your case to hold a distracted driver to account for your damages.
For a free legal consultation with a distracted driving accidents lawyer serving San Francisco, call 800-598-7557
Distracted Driving Accidents Compensation
According to the California Office of Traffic Safety, almost 60% of Californian drivers stated in 2015 that they were hit or nearly hit by a driver who was on their phone. Driving distracted can lead to fatalities and devastating injuries for all those involved in an accident.
Injuries suffered in distracted driving accidents can be serious and include head and spinal injuries, back injuries, cuts and lacerations, and loss of limbs, among others. Serious accidents are not only traumatic and painful, but they can also result in astronomical medical bills for the victims. This can be particularly frustrating when the accident was someone else’s fault.
However, if you can prove the negligence of a distracted driver, you could recover various types of compensation. It can be difficult to generalize what you could receive since there is no average settlement. Compensation depends on the severity of your injuries, and can be for:
A fair settlement should include all your medical costs arising from the accident, including future medical needs. This could include hospitalizations, medical therapies, rehabilitation therapies, medical devices, medication, and other expenses.
You might have been missing work. You may not be able to return to work in the foreseeable future. In this case, you could receive any past, present, and future loss of income incurred due to an accident.
Any property damaged in the accident should be part of your settlement. This can include your car as well as other items that were damaged or destroyed, such as clothing, phones, laptops, and others.
Mental and Physical Distress
If you suffered debilitating and painful injuries in an accident and had to undergo numerous unpleasant medical treatments and surgeries, for example, you could receive awards for the amount of physical pain and anguish you endured. This can also include any mental anguish or emotional distress that you suffered as a result of the accident.
You could also recover other compensation, for example for:
- Loss of quality of life
- A home help
If the at-fault driver was particularly reckless in causing the accident, you could also receive punitive damages.
San Francisco Distracted Driving Accident Lawyer Near Me 800-598-7557
California Statute of Limitations on Distracted Driving Accidents
If you are considering seeking financial compensation in your distracted driving accident in California, you have two years from the accident date to file your personal injury lawsuit in civil court under statute of limitations CCP § 335.1.
While two years seems like a long time, it can benefit you and your attorney if you start on your case as soon as possible. Your lawyer will need time to investigate your claims, review essential documents, talk with witnesses, and handle all important communications before filing your lawsuit in court.
Once the two-year statute of limitations expires, it is likely that your case will be dismissed and your chance to receive financial recovery will be lost.
This does not have to happen to you. The legal team at Ben Crump Law, PLLC, will work on your case and file your lawsuit in court on time.
Give us a call at 800-959-1444 to schedule your free consultation today. We are ready to help you with your legal strategy.
Contact Us Today
Timely action is crucial if you are considering pursuing compensation against a distracted driver. A San Francisco distracted driving accident lawyer can give you advice and assistance with your case. Waiting has no benefits and could, in fact, prohibit you from having legal recourse. The California Code of Civil Procedure section 335.1 gives you two years to file a lawsuit against an at-fault driver. The clock starts ticking on the day of the accident.
We understand that you may want to take some time to heal before tackling a lawsuit. You may associate a great deal of paperwork and hassle with initiating legal action. However, you do not need to worry about anything if you work with us, as we can build your case while you continue with your recovery.
We will try to help you get your due and aim to protect you from any future costs arising from the accident. We can also negotiate with insurance companies in order to come to an agreement out of court. However, if we cannot achieve a satisfactory out-of-court settlement for you, we can take your case to court and fight strongly for your best interests.
We work on a “no win no fee” basis, so there are no upfront costs for you to pay. Do not let time tick away and start the process of getting justice today. Call Ben Crump Law, PLLC now and find out how we could help you pursue compensation at 800-959-1444.