One of the main factors contributing to traffic accidents that cause serious injuries, property damage, and even fatalities is distracted driving. Distracted driving is a common problem due to the temptation to gaze at a smartphone or other gadget while operating a motor vehicle. It’s critical to comprehend your rights and responsibilities if you were a victim of a distracted driver’s accident.
This information aids in both safeguarding your rights and understanding the convoluted legal environment that arises after such situations. The way you handle your case might have a big impact on how it turns out. In this article, we aim to provide a comprehensive guide to understanding your rights and liabilities in a distracted driving accident.
Table of Contents
Identifying Fault in a Distracted Driving Accident
According to Forbes, distracted drivers cause over 3,000 fatal automobile accidents annually. This accounts for 8% to 9% of all motor vehicle crashes that result in death. These figures demonstrate the significant effect that distracted driving has on American road safety.
Determining fault in a distracted driving accident requires a thorough investigation of the circumstances surrounding the crash. Evidence such as phone records can show if the driver was using their device at the time of the accident.
Eyewitness testimonies and surveillance footage are also crucial in demonstrating the other driver’s distraction. Police reports often contain detailed observations that can help establish negligence, which is essential in proving fault.
How a Local Lawyer Can Help
A local lawyer with expertise in car accidents can provide invaluable guidance after a distracted driving incident. They are able to enumerate your rights, which include the right to reimbursement for lost earnings, medical costs, and other losses. They may also guide you through the difficulties of filing insurance claims and going through legal processes.
For instance, local attorneys in Missouri are knowledgeable about the particular traffic rules and court rulings that apply to the state. Because Missouri has a pure comparative fault system, being judged partially at blame might result in a reduction in your compensation. A local lawyer can assist you in minimizing any decrease in your pay and understanding how these regulations affect your case.
In specific cities like St. Louis, the expertise of a local car accident lawyer is particularly valuable. A St. Louis car accident lawyer is experienced in handling cases within the city’s jurisdiction. They understand the nuances of local traffic patterns and accident hotspots. FOX 2 notes that, according to the residents of St. Louis, Riverview Boulevard is one such major accident hotspot in the city.
Car accident lawyers can offer tailored advice and representation, ensuring that all aspects of your case are thoroughly addressed. TorHoerman Law also notes that you increase your chances of achieving a favorable outcome in your case by working with a local lawyer.
Your Rights as an Injured Party
As an injured party in a distracted driving accident, you have the right to seek medical treatment and have those expenses covered by the at-fault driver’s insurance. This includes coverage for both immediate medical needs and any long-term care required due to the accident. You also have the right to claim compensation for lost wages if your injuries prevent you from working.
FindLaw notes that pain and suffering damages, which cover physical and emotional distress, are also part of your rights. Pain and suffering is a legal term that includes physical pain and bodily injury from an accident. It also includes emotional pain and mental health issues like PTSD and loss of enjoyment of life.
In car accident cases, pain and suffering fall under noneconomic damages, which compensate for subjective, non-monetary losses. These damages can sometimes exceed the amount awarded for medical expenses, covering both physical injuries and emotional distress.
The Liabilities You May Face
Even as a victim, there are scenarios where you may face certain liabilities in a distracted driving accident. If you were partially at fault, such as by speeding or ignoring traffic signals, your compensation could be reduced based on comparative negligence laws.
Additionally, if you were not wearing a seatbelt, the insurance company might argue that your injuries were more severe due to your own negligence. Understanding these liabilities helps you prepare a strong defense against potential claims.
Steps to Take After a Distracted Driving Accident
Prioritizing your own and any passengers’ medical care after a distracted driving collision is essential. This is because injuries sustained in a vehicle collision can not show up right away. Make an official accident report by contacting the police; this is necessary for any legal action.
Take in as much data as you can from the scene. Along with pictures of the damage, this also includes the other driver’s contact information and the information of any witnesses. To assist you in navigating the legal system and safeguard your rights, lastly get advice from a local attorney. This guarantees the completion of all required actions for a solid case.
FAQs
What are the effects of distracted driving?
Distracted driving significantly increases the risk of accidents, leading to severe injuries or fatalities. It impairs reaction times and situational awareness, endangering everyone on the road.
How to stop distracted driving?
Implementing stricter laws and enforcement, along with public awareness campaigns, can reduce distracted driving. Additionally, using technology like hands-free devices and apps that block notifications while driving can help minimize distractions.
How can a lawyer help after a car accident?
A lawyer can assist by navigating the legal process and ensuring fair compensation for medical bills, lost wages, and other damages. They provide crucial support in dealing with insurance companies and any necessary litigation.
In conclusion, navigating the aftermath of a distracted driving accident requires a strategic approach to safeguard your rights and secure fair compensation. Engaging a knowledgeable local lawyer provides crucial advice and strong representation. Understanding the importance of gathering evidence and being aware of potential liabilities equips you for dealing with the complexities ahead.
Prioritizing medical care and legal consultation immediately after the accident strengthens your case, promoting a favorable outcome. By comprehensively addressing both your rights and liabilities, you can effectively manage the repercussions of a distracted driving accident.