It is easy to assume that the reckless actions of drivers cause all car accidents. In many cases, the simple inattention by drivers on our roads causes car crashes.
The National Highway Traffic Safety Administration (NHTSA) estimates that 3,142 people lost their lives in distracted driving crashes in 2019. The use of cell phones while driving is one of the main reasons for distracted driving accidents.
If you or someone you care about has been hurt by the actions or inactions of a distracted driver, you may be entitled to compensation. Our distracted driving accident lawyer can help you throughout the claims process.
The legal team at The Super Lawyer is ready to answer any questions that you may have. We will aggressively negotiate with insurance companies and represent you in court — if need be.
Call our car accident lawyers at 404-574-4308 today to schedule your free case review. We are available 24/7!
What Is Distracted Driving?
Distracted driving is any activity that diverts the attention of a driver from the road. Actions like eating while driving, talking on the phone, or talking to passengers in the vehicle can take your attention from driving.
If you are driving at 55 mph, reading a text is like driving across the length of a football field in 5 seconds with your eyes shut. Distracted driving increases your chances of being involved in a car crash. Remember, you cannot drive safely if your full attention isn’t on the road.
The National Highway Traffic Safety Administration (NHTSA) estimates that 3,142 people lost their lives in distracted driving crashes in 2019.
Types of Distracted Driving
There are many ways you can get distracted while on the road. Driving distractions are oftentimes categorized into three sections. They include:
Visual Distractions
These types of distractions cause drivers to take their eyes off the road. Actions such as looking at pedestrians on the side of the road are visual distractions. Other examples of visual distractions include:
- Looking at the GPS
- Reading texts or emails
- Looking at a passenger
- Grooming yourself while looking at the mirror
- Looking at a video on the car’s entertainment system
Manual Distractions
Manual distractions happen when drivers are distracted by things involving their hands. This implies that they can’t control their vehicles since their hands aren’t on the steering wheel. They include:
- Calling
- Texting
- Changing the playlist
- Applying makeup or combing hair
In many cases, these distractions overlap with visual distractions.
Cognitive Distractions
These types of distractions involve the driver’s mind. They are mental distractions that drift the mind of a driver even though their hands may be on the steering wheel. Cognitive distractions include:
- Daydreaming
- Road rage
- Using a phone
- Listening to podcasts or songs
- Talking with other car occupants
Phones have become one of the main causes of distracted driving accidents. Approximately 97% of Americans own a phone of some kind. Roughly 85% of Americans own a smartphone. Phones involve all three types of distractions and increase the risk of road accidents.
Laws Regarding Distracted Driving
Distracted driving laws are designed to prevent accidents by discouraging behaviors that take a driver’s attention away from the road. In the United States, these laws vary by state but commonly target the use of electronic devices, such as texting or using a smartphone while driving.
Many states have enacted “hands-free” laws that prohibit drivers from holding or manually operating a cell phone while behind the wheel. Texting while driving is banned in nearly every state, with violators facing fines, points on their driving record, and potentially higher insurance rates.
In some states, repeat offenders or those causing accidents due to distracted driving may face even more severe penalties, including license suspension or jail time.
Beyond cell phone use, distracted driving laws also cover other activities that can impair a driver’s focus. These may include eating, grooming, adjusting the radio, or interacting with passengers.
In states without comprehensive distracted driving laws, general “careless driving” statutes may still apply, allowing law enforcement to issue citations if a driver’s inattentiveness leads to dangerous driving.
Public awareness campaigns and education efforts often accompany these laws, aiming to reduce the number of accidents caused by distraction. Given the prevalence of distractions in modern vehicles, understanding and adhering to these laws is essential for ensuring road safety.
What Damages Can You Recover From a Distracted Driving Accident Claim?
After an accident involving a distracted driver, you may be entitled to receive compensation for your losses. An experienced distracted driving accident lawyer can prove that the other driver is responsible for your accident. You can file a distracted driving claim against them to recover damages.
Here are some damages that you can recover in a distracted driving claim.
Economic Damages
These are tangible damages that can be quantified using receipts and bills. They have fixed monetary values that insurance adjusters and lawyers can calculate. Economic damages include:
- Medical costs: The defendant can be held liable for any medical treatment that you may require. This may include past, present, and future expenses like hospital stays, emergency room costs, follow-up appointments, and therapies.
- Lost income: It may be impossible to get back to work after a car accident. You may require days, weeks, or even months to recover. Sometimes, the injuries you sustain may completely force you to quit your job. Compensation for a distracted driving claim may cover your regular wages, sick time, bonus pay, and employment benefits.
- Property damage: A distracted driver may extensively damage your vehicle. It may require bodywork, paint matching, or an engine replacement. If your vehicle is completely totaled, you may receive compensation matching your vehicle’s market value. You may also collect reimbursements for personal property damaged during the crash, such as cell phones and laptops.
- Out-of-pocket expenses: You can recoup payments that you make due to the accident, like nursing care, rental car costs, trips to pharmacies, and assistive devices.
Non-Economic Damages
These are intangible losses that are harder to calculate. They are mainly subjective and lack any documentation. They include:
- Pain and suffering
- Disfigurement
- Emotional distress
- Loss of consortium
- Loss of reputation
Punitive Damages
These types of damages aren’t compensatory damages. They are awarded in events where defendants’ actions are considered overwhelmingly reckless. Punitive damages are meant to punish defendants for their recklessness.
How Long Do I Have to File a Claim For My Accident?
The time you have to file a car accident claim, known as the “statute of limitations,” varies depending on the state in which the accident occurred and the type of claim you are filing. Generally, for personal injury claims, the statute of limitations ranges from one to three years from the date of the accident.
Property damage claims, such as those for vehicle repairs, often have a similar or slightly longer time frame. However, some insurance policies may require you to report the accident within a much shorter period, such as 24 hours to a few weeks, to ensure coverage.
It’s crucial to file your claim as soon as possible to avoid missing these deadlines, as failing to do so can result in the loss of your right to seek compensation. Always check your state’s specific laws and your insurance policy’s requirements to ensure you meet all necessary deadlines.
Why Do I Need a Lawyer?
After a car accident, it’s advisable to reach out to an distracted driving accident attorney as soon as possible. At The Super Lawyer, our lawyers are prepared to help you with all the legal aspects of your case, including:
Case Preparation
Working with a reliable personal injury law firm can make all the difference in your personal injury case. The Super Lawyer is ready to build a strong personal injury claim to help you recover damages.
Our attorneys will gather and analyze evidence relating to your case, including dashcam footage, police reports, witness statements, and medical records.
These pieces of evidence will enable us to determine what led to the accident and who is responsible. Once we’ve done that, our legal team will file a claim with the insurance companies.
Settlement Negotiations
At The Super Lawyer, we are prepared to push for maximum compensation for your personal injury claim. We will aggressively negotiate with insurance adjusters to make sure you receive a fair settlement. Our lawyers will ensure the compensation you receive covers all your damages.
When negotiating with insurance companies, we will factor in everything, including future medical expenses.
What’s more, we can represent you throughout this process. You don’t have to be there during settlement talks. This allows you to rest and recover after your accident. Remember, your health is important.
There’s no need to risk your well-being by accompanying lawyers to every meeting with insurance adjusters.
Trial Preparation and Representation
Most personal injury claims don’t end up in court. Insurance companies always try to settle claims outside courtrooms.
However, there are times when we advise clients to consider litigation. If the insurance company offers a lowball settlement or denies your entire claim, we can represent you in court. The Super Lawyer can also represent you if the insurance company acts in bad faith.
Our attorneys will build a strong case and call expert witnesses, like the police, doctors, and accident reconstruction specialists, to the stand. These individuals can help prove that the defendant was at fault and liable for your damages.
Get in Touch With a Reliable Distracted Driving Accident Lawyer Today
Most accidents are preventable. If only drivers could act reasonably and focus on the road, they would avoid many car wrecks. There’s no need for drivers to use their phones while driving on the roads. Remember, texting increases the risk of crashing by 23 times.
If you or your loved one has been hurt in a distracted driving accident, you may have legal recourse. Our distracted driving accident lawyers can help you recover damages, like medical bills, lost income, and property damage.
You deserve compensation and justice after an accident. If another driver’s negligence caused your accident, don’t hesitate to seek legal help.
Contact the legal team at The Super Lawyer today to schedule a free consultation. We operate on a contingency fee basis implying you don’t owe us anything until we win your case. Call 404-574-4308 to find out if you have a case.
