Car Accident Lawyer
There are several technological distractions drivers face today, and as our car accident lawyer explains, it is no surprise that distracted driving accidents have become a severe problem in recent years. According to the National Highway Traffic Safety Administration (NHTSA), in 2022 alone, nearly 3,000 deaths in the United States were caused by distracted drivers, marking a substantial increase over the past decade.
Suppose you or a loved one has been involved in a car accident due to another driver’s distraction. In that case, it is crucial to understand your legal rights and the potential avenues for compensation. The following offers a closer look at the legal aspects surrounding distracted driving accidents.
Establishing Liability
The crux of any personal injury claim involves establishing the liability of the party at fault. Essentially, the victim and their lawyer will work to prove that the driver was distracted when the accident occurred. Demonstrating this often involves a comprehensive investigation, including examination of the driver’s phone records, surveillance footage, eyewitness testimonies, or the accident scene itself.
Seeking Legal Representation
Navigating the legal landscape alone can be a daunting task. It is advisable to enlist the assistance of an experienced personal injury lawyer with experience representing victims of car accidents. They can help interpret complex legal jargon, advise on the case’s viability, gather evidence, and effectively negotiate with insurance companies, who often attempt to minimize payouts.
Understanding Compensation
Victims of distracted driving accidents may receive compensation covering medical expenses, lost wages, pain and suffering, and property damage. In cases where the distracted driver’s behavior is exceptionally reckless, punitive damages may also be awarded to discourage similar conduct.
Statute of Limitations
Every state has a statute of limitations, a legally defined period within which you must file your claim. These periods vary, but typically, you have one to three years from the date of the accident. If you fail to file within this window, you may lose your right to seek compensation. Hence, it’s essential to act promptly.
Promoting Safer Roads
While taking legal action can provide some remedy to the victims, we must address the root cause: distracted driving. Advocating for stricter laws, driving education, and technology-based solutions can help curb this epidemic. To illustrate, several states have already enacted hands-free laws, mandating that drivers use Bluetooth or other hands-free devices while on the road. Also, apps that disable texting or calling while driving can be a viable tech-based solution to minimize distractions.
Education also plays a critical role. Reinforcing the dangers of distracted driving, particularly among young and novice drivers, can instill safer driving habits. Remember, no text, call, or snack is worth the potential cost of a life.
When a person has fallen victim to distracted driving, they may experience extensive damages that result in physical injuries, pain, emotional trauma, and financial loss. While nothing can turn back the hands of time, with help from a lawyer, it’s possible to hold parties accountable and gain compensation for losses.