Can I Get Compensation for Distracted Driving Accidents Lawsuit in 2024
3 Main categories of distracted driving
Statistics of distracted driving
- Thousands of people die each year in the United States because of distracted driving. Here is the list of the most relevant statistics on distracted driving accidents:
- Distracted driving causes more than 3,000 deaths in the U.S. each year, and around 200,000 injuries annually. There are over 8 fatalities every single day.
- Among all the vehicular accident fatalities, distracted driving is the top cause of death. However, outpacing other causes like speeding, drunk driving, and hazardous weather conditions.
- The age group of 16-24 is highest in the manual use of cell phones while driving.
- The age group of 20-29 consists of a full quarter (25%) of distracted driving deaths.
- The District of Columbia (D.C.) along with 48 states have laws banning texting while driving. However, 36 states along with D.C. have more specific phone use bans for young drivers.
- As distracted driving seems relatively harmless to people engaged in it and because cell phones are in higher use each year, these numbers tend to increase annually.
How could a personal injury lawsuit occur?
- If a person is in an accident that injures another person, the police will figure out whether the mobile phone was a factor in the accident or not.
- The law enforcement will obtain the cell phone records to determine if the person was using a cell phone when the accident happened.
- If the police state that the driver was texting while driving or is on a phone when the accident happened, cell phone records play an important role to prove recklessness or negligence in a personal injury lawsuit.
- In addition, the police will analyze the tickets the distracted driver had before this particular accident. They will review traffic video and footage from traffic cameras.
- The attorney for the plaintiff will recreate how the accident happened. They will look over medical reports, check out the driving history of the drivers involved, review accident footage, talk to witnesses, and review evidence collected about possible distracted driving.
- As a result, the attorney will determine if the plaintiff will be potentially entitled in a lawsuit to try to obtain compensation for lost wages, pain and suffering, medical expenses, and loss of earning capacity.
Also, even if someone else causes the accident, the injured driver who was using a phone for texting during the distracted driving accidents could be a factor in a personal injury lawsuit. The use of the cell phone could be evidence of contributory negligence, which would mean that the negligent behavior of the plaintiff could prevent them from getting the full amount of compensation for their injuries.
Even if there is no exact law against what the driver was engaged in, at the time of an accident, any evidence of distracted driving is important to prove the negligence of the other party.
Just as with any personal injury lawsuit involving a car accident, a distracted driving personal injury suit would generally follow these steps:
Have a proper meeting with your attorney to discuss the possibility of distracted driving accident lawsuit.
- Start the case by filing a lawsuit and contacting the top lawyers.
- Fact-finding is also important to prove you were innocent.
- If the judge determines there is no case, it could be dismissed.
- If strong and sufficient evidence exists to establish negligence, the case could be settled out of court.
- The judge or jury will decide if there is sufficient evidence to establish negligence
- Collecting after judgment.
For instance, in a case where the distracted driver was engaged in a work-related activity at the time the distracted driving accident occurred, the plaintiff generally will need to show that the other person was responsible for the improper conduct in some way. Nevertheless, you should always keep in mind that distracted driving is negligent driving.
Compensation for pain and suffering damages:
- Denial of social pleasures and enjoyments.
- Embarrassment, humiliation, or mortification.
- Fright and shock.
- Mental anguish.
- Physical pain and suffering.
Hire an experienced lawyer today!
Car accidents are hectic events, no matter how minor the incident. In serious circumstances, the injuries caused by vehicular collisions can permanently change or end a person’s life. Distracted driving car accidents are some of the most preventable collisions, and those who cause them need to be held accountable. One way to do that is by exercising your right to sue a texting driver.
The car accident attorneys at Ethen Ostroff have extensive experience in helping clients find justice and compensation after auto accidents. Distracted driving accidents are quite common, and present unique challenges for proof in a legal setting. Therefore, having a skilled and experienced lawyer with proven success on your side means walking in with the strongest possible case.
Call Ethen Ostroff Law on 610-510-8883 to speak with an experienced distracted driving accident lawyer today. We may be able to start gathering evidence on your behalf right away. For more information on what you can do immediately following a distracted driving car accident, contact us today.