Distracted driving has become one of the leading causes of accidents in the United States. With the rise of smartphones, in-car entertainment systems, and other distractions, drivers often take their attention away from the road, putting themselves and others at serious risk.

After a distracted driving accident, victims may end up dealing with physical injuries, emotional trauma, medical bills, and lost wages. In such scenarios, an experienced lawyer can help litigate against the distracted driver so that the victim gets the justice they deserve.

Understanding Distracted Driving

Distracted driving happens when a driver diverts their attention from the road, often due to a phone, a conversation, eating, or adjusting the radio. The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as any activity that takes a driver’s attention away from the road. It includes visual distractions, manual distractions, and cognitive distractions.

When someone engages in distracted driving, the risk of causing an accident increases significantly. That’s why it is so essential to hold a distracted driver accountable. When drivers ignore the road, they harm everyone around them. If they are held accountable, it provides justice for victims, ensures that the responsible party faces the consequences, and acts as a deterrent to prevent future accidents.

How a Lawyer Helps in Holding Distracted Drivers Accountable

1. Thorough Investigation and Evidence Collection

One of the first steps a lawyer would take from a distracted driving accident is to investigate the incident in depth. Lawyers will gather evidence that proves the driver was distracted. This includes:

Phone Records: If the driver was texting or talking on the phone, phone records can show that they were using their phone while driving.
Eyewitness Testimony: Witnesses who saw the driver texting, talking on the phone, or otherwise distracted can provide key testimony.
Surveillance Footage: Many cities have traffic cameras or nearby businesses with cameras that may have captured the moment of the accident.
Vehicle Data: Modern cars often have systems that record data, such as GPS logs or infotainment activity, which can be used to show distractions.

2. Proving Liability

Proving liability is essential in a personal injury claim. The lawyer must establish that the distracted driver was at fault for the accident by demonstrating that the driver’s distraction directly led to the crash.

For example, if a driver was texting when they ran a red light or failed to notice a stop sign, the lawyer will present evidence of the driver’s actions and show how they led to the accident. A lawyer may also consult experts, such as accident reconstructionists, who can help piece together the timeline of events and further solidify the case.

3. Negotiating with Insurance Companies

The at-fault driver’s insurance company will likely handle the claim after a distracted driving accident. However, insurance companies often minimize the payout to protect their profits. A lawyer helps level the playing field by negotiating on behalf of the victim. They will ensure the victim’s claim is fully valued and all damages are accounted for.

The average car accident settlement includes compensation for medical bills, lost wages, property damage, pain and suffering, and emotional distress. In cases where the insurance company is unwilling to offer a fair settlement, the lawyer will continue to advocate for their client’s best interests and prepare to take the case to court.

4. Filing a Lawsuit

A lawyer can file a lawsuit on behalf of the victim if settlement negotiations fail. It is often necessary when the other party refuses to admit fault or the insurance company offers a settlement that doesn’t cover all the victim’s losses. The lawyer brings the case before a judge who will rule on it.

The lawsuit itself is a key tool in holding the distracted driver accountable. It is not just about getting financial compensation; it’s also about sending a message that distracted driving is unacceptable and should not go unpunished. In severe cases, a lawsuit can also lead to punitive damages designed to punish the driver for their reckless actions.

5. Raising Awareness and Promoting Safer Roads

Lawyers can help raise awareness of the dangers of distracted driving by holding distracted drivers accountable. Legal cases often draw public attention to the issue, and successful lawsuits contribute to changing laws or penalties for distracted driving. The aim is to get justice for the victim and encourage safer driving habits within the community, making the roads more secure for everyone.

Conclusion

Distracted driving accidents can profoundly impact victims, but a lawyer is a strong ally in holding negligent drivers accountable for their actions. By working with a lawyer, victims of distracted driving accidents can receive the justice and compensation they deserve while also helping to promote safer driving habits for all.