Distracted driving is a dangerous and often deadly behavior. The Centers for Disease Control and Prevention (CDC) reports nine fatalities and 1,000 injuries every day as a result of distracted driving. All drivers have a legal responsibility to focus on the road to protect everyone around them as well as themselves.
If you or your loved one suffered from the actions of a distracted driver, you may be entitled to compensation for your expenses and pain. You do not have to suffer alone. Consider contacting a distracted driving accident lawyer for assistance in recovering from your accident and pursuing compensation.
The team at Ben Crump Law, PLLC can help you negotiate with insurance companies or file a lawsuit against a distracted driver. Call (800) 959-1444 today for a free consultation. We do not shy away from tough cases, and since we work on a contingency fee basis, you will not owe us anything unless we can negotiate a settlement for you.
Definition of Distracted Driving
According to the U.S. Department of Transportation (DOT), distracted driving is performing “any activity that diverts attention from driving.” The three types of distracted driving are visual (anything that takes the driver’s eyes off the road), manual (anything that involves the driver using their hands), and cognitive (such as mental or emotional stress).
There are many ways that a driver can be distracted, but the most common are:
- Texting while driving
- Talking on the phone while driving
- Talking to other people in the car while driving
- Adjusting the radio, temperature, navigation, or other controls in the car
- Eating or drinking while driving
While there are plenty of things that can create a distraction while someone is driving, the most common form of distracted driving today is texting while driving. All but two states legally prohibit texting while driving, according to the Governors Highway Safety Association (GHSA), and 22 states prohibit any handheld cell phone usage while driving.
The Federal Communications Commission (FCC) explains that while there is no national ban on texting or phone usage yet while driving, states are actively and aggressively trying to solve distracted driving through their laws and fines.
Legal Options After a Distracted Driving Accident
When you are in a car accident caused by a distracted driver, you have legal recourses to pursue compensation for your losses. There are two main legal courses of action you can take:
- File an insurance claim. You can hold the distracted driver’s insurance company liable for damages you suffer as a result of their driving.
- File a personal injury lawsuit. You have the right to file a personal injury claim in civil court against the distracted driver to compel them to recompense you for damages.
You could also file a claim with your own insurance company if the other driver does not have insurance, but this is rare since all drivers are required to have insurance coverage. Your ability to receive damages from your own insurance company may also depend on what type of coverage you have.
Filing a claim to hold the distracted driver responsible for their actions is not only a way to make sure that you do not have to pay for something that was not your fault, but it can also help prevent more accidents in the future by holding the driver accountable.
Recoverable Damages for Distracted Driving
After suffering from a distracted driving car accident, you may be entitled to pursue compensation for your losses. You could receive a financial award for:
- Vehicle repair or replacement due to the accident
- Medical expenses for injuries caused by the accident
- Loss of income, if the accident caused you to lose a job or time at work, including going to doctors’ visits
- Pain and suffering as a result of the accident
- Loss of or damage to property because of the accident
- Other expenses related to the accident
Consider contacting a distracted driving accident lawyer to discover what compensation you may be entitled to. The team at Ben Crump Law, PLLC can help identify your recoverable damages and file a claim on your behalf.
How the Statute of Limitations May Affect Your Claim
A statute of limitations is a law that states the amount of time after an event takes place that you have to file a lawsuit. The statute of limitations for personal injury claims, including distracted driving complaints, varies by state. However, most states have a two or three-year statute of limitations for these claims.
You can check what the statute of limitations is for personal injury lawsuits in your area or contact a distracted driving accident lawyer for more information. It is usually best to file your suit as soon as possible to avoid the risk of losing your right to compensation.
The Team at Ben Crump Law, PLLC Is Here to Help You
A distracted driving accident lawyer may be able to help you heal after a car accident caused by a distracted driver. Car accidents are often very costly, emotionally as well as physically and financially. The team at Ben Crump Law, PLLC is here to assist you through this difficult time.
Winning a distracted driving insurance claim or personal injury lawsuit involves showing that the other driver was at fault for the accident. To try to prove that a driver is at fault, we might:
- Obtain and review police reports of the incident
- Obtain and review video surveillance of the incident
- Obtain and review photos of the scene of the accident
- Find and interview the driver, vehicle passengers, and other witnesses and gather affidavits
- Look for other evidence of the driver’s distraction
In addition, our team can help identify what damages you may be eligible to receive compensation for, pursue a settlement for you, and manage the communication between all parties so that you can spend your time recovering after the accident. You should not have to add to the stress of a car accident by investigating it and negotiating for a settlement yourself.
Contact the team at Ben Crump Law, PLLC today to schedule a free consultation. We work on contingency, so you will not owe us anything until and unless we can win a settlement for you. Reach out to a team member today by calling (800) 959-1444.