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Distracted Driving Attorney
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Car Accidents Caused by Distracted Driving
The attention driving requires shouldn’t be taken for granted. However, many motorists feel confident enough in their abilities to take their eyes off the road, even if it’s just for a few seconds, to change the radio station or look at a text.
This attitude can have devastating consequences. Distracted driving often leads to a needless tragedy, such as a wrongful death or a serious brain injury.
Have you or a loved one been injured in a car accident that wasn’t your fault? A distracted driving accident lawyer at Kanner & Pintaluga will aggressively pursue maximum compensation on your behalf, allowing you to recover with peace of mind.
What Is Distracted Driving?
Distracted driving is any activity that takes a driver’s attention away from driving. It can have serious and far-reaching consequences that extend beyond a crash or collision, leaving other drivers with increased insurance premiums, medical bills, and lost wages.
There are three main types of distracted driving:
- Visual distraction happens when a driver takes their eyes off the road, perhaps to look at their phone or talk to a passenger. The driver can be found negligent for their actions, especially if they cause a car crash or other accident.
- Manual distraction happens when a driver takes one or both hands off the steering wheel — for example, when replying to a text or eating food. Because manual distraction can impair a driver's control of a vehicle, they can be held liable for any accidents that occur as a result.
- Cognitive distraction occurs when a driver's mind wanders and diverts their attention away from driving. An example is when a motorist starts daydreaming on the road. They may be liable for an accident caused by their distracted driving.
Examples of Distracted Driving
Drivers can be distracted visually, manually, and cognitively for various reasons:
- Adjusting controls: Making adjustments to a car's controls while driving, such as changing air conditioning or GPS settings, can be dangerous. Motorists should try to set these controls before starting their journey.
- Grooming: Personal grooming activities, such as applying makeup, combing hair, or shaving, can take attention away from driving and contribute to accidents.
- Reaching for objects: Trying to reach for objects within a vehicle, whether on the floor, in the back seat, or in the glove compartment, can result in physical distractions and loss of control.
- External distractions: Events happening outside a vehicle, such as accidents, roadside attractions, or other incidents, may draw a driver's attention away from the road.
- Passenger interactions: Engaging in conversations or arguments with passengers often leads to distractions.
- Traffic or road conditions: Focusing too much on traffic or road conditions, especially in congested or challenging environments, can divert attention from the immediate surroundings.
How Distracted Driving Causes Crashes
Distracted driving can lead to various scenarios, including:
- Rear-end crashes: When a driver fails to notice slowing or stopped traffic in front of them, resulting in a crash.
- Intersection crashes: A type of crash that happens near the junction of two or more roads, often because a driver fails to stop.
- Red-light violations: Running a red light because of distracted driving, putting other drivers at risk.
- Lane departures: When a driver moves out of their designated lane and into another one without concentrating.
Phone use often contributes to an accident, such as a rear-end crash, intersection crash, or head-on collision. For example, reading or sending text messages may lead to serious consequences. Even having a hands-free conversation on the phone while driving can divert attention and increase the risk of an accident. A phoning or texting while driving accident attorney can help if you need to take legal action against another driver.
If you’ve been involved in a car accident caused by any of the scenarios above, you’ll need to establish that the other driver was negligent and failed to take reasonable care on the road. You can do this by collecting evidence that proves distraction, such as witness statements and phone records for distracted driving claims.
Proving Distraction and Fault
Several key pieces of evidence will support your claim for damages after being involved in an accident caused by a distracted driver:
Phone Records/App Usage Logs
Analyzing the driver’s text messages, call history, and app activity can establish whether they were using their phone at the time of an accident.
Event Data Recorders (EDRs)
An EDR, also known as a black box, collects information about a driver’s behaviors and actions shortly before a car accident, helping you determine whether they were at fault.
Traffic Cameras
Traffic cams might capture the other driver’s behavior before, during, and after your accident.
Eyewitness Statements
Testimonies from other drivers, pedestrians, bystanders, and other witnesses may be able to confirm that the driver was distracted.
Medical Records
Seeking medical care after your accident is crucial, even if you don’t have a lot of visible injuries. Your medical record can document the extent of your injuries and link them to the incident, proving that the other driver was responsible.
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Injuries After a Distracted Driving Crash
Crashes caused by distracted drivers often result in severe, long-lasting injuries. Victims may face months or even years of recovery, along with significant emotional and financial stress.
Common injuries include:
- Whiplash and neck strain
- Concussions and traumatic head/brain injuries
- Spinal cord injuries and nerve damage
- Back pain
- Broken bones and fractures
- Chest injuries (rib fractures, bruised lungs, etc.)
- Internal bleeding and organ damage
- Emotional trauma and post-accident anxiety
Diagnosis, Treatment, and Causation
Some injuries may not show symptoms right away, but can worsen over time. Prompt medical evaluation, diagnosis, and continuous treatment are essential for both recovery and a successful injury claim.
As mentioned above, your medical record can establish causation of the accident by linking your injuries with the impact, so make sure you continue to seek care.
Claim Value and the Insurance Process
After an auto accident, several factors might help determine the value of your insurance claim:
- Medical bills: Costs for treatment and recovery that you may have over time for any injuries and long-term health complications
- Lost wages: The income you lost if you were unable to work after your accident
- Pain and suffering: The physical and emotional consequences of being involved in an accident
- Property loss: Damage to your vehicle or other property
Building a Strong Demand Package and When to Sue
A demand package is the set of documents and evidence that you send to your insurer to support your personal injury claim. It’s important to build a strong package to increase your chances of receiving a fair settlement amount.
If you don’t send enough documents and evidence, an insurer might claim that your damages are unsubstantiated and that you don’t require compensation. Some companies use tactics to avoid honoring a claim, such as saying that you’re fully or partially to blame for the accident.
To avoid this happening, we recommend litigation as soon as possible after your accident. However, proving a driver was distracted at the time of a crash can be difficult without help. An experienced distracted driving accident lawyer creates a strong case by collecting evidence, negotiating with insurers, and fighting for full compensation.
What To Do After a Distracted Driving Crash
Being involved in a car crash, especially one that wasn’t your fault, can be a difficult experience. However, you’ll want to act quickly to increase your chances of compensation. Here are some things to do after your accident:
- Call 911 if you are seriously injured and require immediate medical assistance. If you think your injuries are minor, you’ll still need to see a healthcare professional as soon as possible.
- Take photos and video of the accident scene to create a visual record that can support your claim. Dashcam evidence for distracted driving can also be useful.
- Preserve devices and vehicle data that show the other driver was at fault for your accident.
- Contact your insurer to start the claim process, but be careful with what you say — don’t admit fault or speculate about what happened.
- Contact an attorney firm that has experience handling distracted driver personal injury claims.
Get Legal Representation From Distracted Driving Attorneys
At Kanner & Pintaluga, our experienced car accident attorneys are ready to fight for you and for justice, whether through negotiations or litigation. We’ll pursue the compensation you deserve so you don’t have to pay out-of-pocket for someone else’s recklessness.
Here are some of the things we can do to help in your situation:
- Reviewing police reports, phone records, eyewitness statements, and other evidence.
- Organizing your medical records and getting expert opinions to prove the extent of your injuries.
- Showing that the other driver’s distraction directly caused the crash and your injuries.
- Responding to insurance adjusters, challenging denials, and pushing back on low offers.
- Ensuring your claim includes current and future medical costs, lost wages, and pain and suffering.
- Preparing your case for trial if a fair settlement isn’t offered.
Call (800) 586-5555 to schedule a free legal evaluation with a distracted driving accident lawyer today.
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