Jan 19, 2024 | Car Accident

Compensation in a Distracted Driving Accident

According to Forbes, 324,652 people were injured in car accidents due to distracted driving in 2020. In the same year, 3,142 people died because of distracted driving. Distracted driving is a serious problem and people injured by such deserve fair compensation for their injuries.

Proving Liability in Distracted Driving Cases

The first step in receiving compensation for injuries sustained in a distracted driving accident is to prove that the distracted driver was negligent or liable for the accident.

Negligence typically refers to a driver’s failure to exercise the level of care that a reasonable driver would have exercised in similar circumstances. In the context of a distracted driving accident, negligence might occur if a driver fails to pay proper attention to the road and causes harm as a result.

Distracted driving refers to the act of operating a vehicle while engaging in activities that divert the driver’s attention away from the primary task of driving. It can take various forms, such as:

  • Texting,
  • Talking on the phone, or
  • Engaging in other activities that divert attention from driving.

If someone’s distracted driving leads to an accident, they may be considered negligent if it can be shown that they breached their duty to drive safely. Negligent drivers generally must compensate accident victims for their losses.

Consider for example, the scenario where a driver is approaching a stop sign. The driver begins reading a text message on his phone, fails to see the stop sign, and drives through the intersection. The driver hits another car after entering the intersection and injures the driver of the car.

Here, the driver who ran the stop sign is a distracted driver since he was driving a car while his attention was on texting. His actions amount to negligence since a reasonable and careful driver would have been driving while looking ahead on the road. The driver injured in the accident can then file a legal claim against the negligent party to recover compensation for any damages.

Compensation Available for Injury Victims

If you were injured by a distracted driver, you can try to receive compensation for your losses by filing:

If either proves successful, then you can receive compensation for such things as:

  • Medical bills,
  • Lost wages,
  • Future lost earnings,
  • Property damage,
  • Out-of-pocket expenses, and
  • Pain and suffering.

Evidence that Helps

Certain pieces of evidence will help you establish liability in distracted driving cases, and therefore help maximize your compensation. Important pieces of evidence include:

  • Photos of the accident scene,
  • Photos of the cars involved,
  • Photos of your injuries,
  • Witness statements,
  • Medical records,
  • Expert testimony (in complex accident cases), and
  • Any evidence that can show the liable party was driving while distracted.

Contact Justice Through Compensation for Help

If you or a loved one was injured in a distracted driving accident, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.

* Main image at top by master1305 on Freepik