Car accidents can happen anytime and anywhere. Even if you are an experienced driver, an accident can happen due to the carelessness of another driver. Distracted driving is one of the leading causes of car accidents in the United States. If you have been injured in a car accident caused by a distracted driver, what are your legal rights? Can you file a personal injury claim? The answer is yes, and in this article, we will explain why.
Table of Contents
What is Distracted Driving?
Distracted driving is any activity that diverts a driver’s attention from driving. The most common forms of distracted driving are texting or talking on a phone, eating, drinking, adjusting the radio, and using GPS navigation. When a driver engages in these activities while driving, they take their eyes, hands, or mind off the road, which can lead to a car accident.
How Can Distracted Driving Cause a Car Accident?
Distracted driving can cause car accidents in different ways. A driver who is texting or talking on a phone may not see a stop sign or red light, causing a collision. A driver who is eating or drinking may spill something and lose control of their vehicle. A driver who is adjusting the radio or using GPS navigation may take their eyes off the road and hit another car or object. In all these cases, the distracted driver is at fault and can be held responsible for any injuries or damages caused.
What Should You Do if You are Injured in a Car Accident Caused by a Distracted Driver?
If you are involved in a car accident caused by a distracted driver, the first thing you should do is seek medical attention for any injuries you sustained. Even if your injuries seem minor, it’s essential to get checked by a healthcare professional to rule out any hidden injuries. You should also call the police and report the accident. The police will create a police report, which will be valuable evidence in your personal injury claim.
How to File a Personal Injury Claim for a Car Accident Caused by a Distracted Driver?
To file a personal injury claim for a car accident caused by a distracted driver, you need to prove the following:
- The distracted driver had a duty to drive safely and obey traffic laws.
- The distracted driver breached that duty by engaging in a distracted driving activity.
- The distracted driving activity caused the car accident that resulted in your injuries.
- You suffered damages, such as medical expenses, lost wages, pain and suffering, or property damage, as a result of the accident.
To prove these elements of your personal injury claim, you will need to collect evidence, such as:
- Witness statements
- Police report
- Medical records
- Photos or videos of the accident scene
- Cell phone records showing the distracted driving activity
Should You Hire a Personal Injury Attorney for a Car Accident Caused by a Distracted Driver?
It’s highly recommended to hire a personal injury attorney for a car accident caused by a distracted driver. An attorney can help you with the following:
- Investigating the accident and collecting evidence
- Communicating with the insurance company on your behalf
- Negotiating a fair settlement for your damages
- Representing you in court if necessary
An experienced personal injury attorney can help you get the compensation you deserve for your injuries and damages.
Conclusion
Distracted driving is a serious problem that causes many car accidents in the United States. If you have been injured in a car accident caused by a distracted driver, you have legal rights and can file a personal injury claim. To build a strong case, you need to collect evidence and prove that the distracted driver was at fault. Hiring a personal injury attorney can make the process easier and increase your chances of getting a fair settlement. If you have been injured in a car accident caused by a distracted driver, don’t hesitate to seek legal help and get the compensation you deserve.