How Can A Personal Injury Attorney Help Me If I Was Injured in a Distracted Driving Accident?

 Posted on October 02, 2020 in Car Accidents

Have you ever taken the time to look around at the other drivers while stuck in traffic? If so, you probably noticed that many of them were looking down at their smartphone. Whether it is electronic devices like cell phones, GPS units, and radios, or human distractions like children arguing in the backseat, distractions while driving are everywhere. Distracted driving has become a tremendous cause for concern in Illinois and throughout the United States. It is difficult to know for certain how many car accidents are caused by distracted drivers, but the Centers for Disease Control and Prevention (CDC) estimates that more than 1,000 people are hurt in distracted driving accidents every day in the U.S. If you or a loved one were involved in a car accident and you suspect distracted driving was a contributing factor, a personal injury attorney may help you recover compensation for your injuries..  

Establishing the Driver’s Negligence and Recovering Compensation

Car accidents involving distracted driving can often become “he said-she said” situations. Proving that the other driver’s irresponsible behavior caused your damages and recovering adequate compensation for those damages can be quite challenging. This is why many individuals hurt in distracted driving accidents get legal support from an experienced car accident injury attorney.

There are four main elements in a successful personal injury claim:

• Duty: The first is the defendant’s legal duty of care. All drivers have a duty to drive responsibly and follow traffic safety regulations – including laws prohibiting texting while driving and other forms of distracted driving.
• Breach of duty: Proving that a driver failed to uphold his or her duty to drive safely is often the most difficult part of winning an injury claim and securing compensation. A personal injury attorney may use physical evidence such as skid marks and the location of vehicle debris, footage from security cameras and dashcams, data from vehicles’ event data recorders, photographs of the accident scene, and other types of evidence to demonstrate the defendant’s negligence.
• Causation: Your attorney will need to show that your injuries were caused by the defendant’s negligent actions behind the wheel. This is often accomplished through medical records and statements from medical professionals, as well as through police reports and witness testimony.
• Damages: To win your injury claim, your attorney will need to show proof of the economic and noneconomic costs you suffered because of the accident. These may include medical costs, lost wages due to missed work, reduced income earning capacity, and more.

Contact a Rockford, IL Car Accident Lawyer

A distracted driving accident can turn your life upside down. For help pursing compensation for your damages, contact a skilled Winnebago County personal injury attorney from Mannarino & Brasfield, A Division of Schwartz Jambois. Schedule your free consultation by calling our office today at 815-215-7561.

Source:

https://www.cdc.gov/motorvehiclesafety/distracted_driving/index.html