Smartphones, navigation devices, tablets – these portable and powerful devices have changed life forever for almost everyone. When used as directed, they are even helpful while driving. Unfortunately, those devices can be too tempting for some drivers to ignore and that can lead to distracted driving. If you have been in an accident and were hurt, it may have been caused by a distracted driver. This type of accident falls into a unique category and making the right moves is vital. Read on to learn more.
While devices like cell phones and more are often to blame. Old-fashioned issues like eating, drinking, reaching for items, arguing with passengers, disciplining children, and more all qualify as distracted driving. For example, you might not even give your morning cup of coffee a second thought – until it spills in your lap and causes you to hit someone.
Criminal and Civil
If the other driver is ticketed or arrested for distracted driving, it may lead to criminal charges. Some states and municipalities are cracking down on distracted driving and they can really throw the book at those who violate laws. At the same time, you can take action using the civil courts too. While a judge might impose victim restitution payments on a convicted distracted driver, you may be entitled to a higher level of civil compensation in this case. When you take a distracted driver to court for personal injury damages, the judge has the option to impose additional punitive charges and that can increase your compensation many times over your actual damages.
How to Pursue a Case
The below steps should help you be prepared to speak to a personal injury lawyer and pursue a case against the distracted driver:
- The accident report will very likely contain information about how the accident occurred, who was at fault, and whether or not any drivers were ticketed or even arrested.
- The at-fault driver's insurance company will be even more eager to offer you money to go away if they know their client was driving distracted. Don't accept a settlement, though, before you speak to a personal injury lawyer.
- The other side may want to interview you using a recorded phone call – don't do it. You can be tricked into saying something that could hurt your case.
- Your lawyer may subpoena cell phone and other records to help show the other driver was distracted. Along with that, statements from passengers and bystanders may be solicited.
Don't wait to speak to a lawyer. Consult with personal injury attorney services about your case as soon as possible.Share