When you are driving, your primary focus is to try and be very careful to the road and the other drivers. The unfortunate thing is that a lot of people just don’t pay attention to the road all the time, and that might very well be the cause of many accidents. Distracted driving is one of the issues that brings personal injury claims. Now the question is, if the situation you have right now involves a distracted driver, what can you do? Let’s find out.
What is distracted driving?
It basically entails any activity that impairs the driver by taking attention from the vehicle’s operation. Usually, these can be visual distractions, like looking at a GPS device, watching videos, reading or sending texts, looking at the roadside attractions, searching for an item in the vehicle and so on. There can also be manual distractions, like eating or drinking, adding makeup, adjusting the vehicle controls, etc. And of course, there are cognitive distractions like daydreaming, talking on the phone, stress or emotional conversations, and anything of that nature.
Common causes behind distracted driving accidents
Those can vary, but a lot of the time they have to do with texting while driving, checking email, using social media, talking on a phone, grooming, watching videos, picking up a dropped item, programming GPS directions and so on. Even if many of the distractions appear to be harmless, they are not. A lot of the time, they can be very problematic, and that’s why you have to pay attention to the best of your capabilities.
Accidents caused by distracted drivers
The unfortunate thing is that a lot of the time, distracted drivers can be the main cause for this type of accidents. They can lead to rear end collisions, intersection accidents, lane departure crashes, pedestrian accidents, bicycle accidents, multi-vehicle crashes and so on. But the main problem would be the type of injuries that can occur.
These injuries can be severe, like whiplash, concussion, broken bones, spinal cord injuries, facial injuries, internal bleeding, permanent disabilities, neck or back injuries and anything of that nature. Clearly, you want to address these things appropriately, as it will be much better to do so and it will streamline everything.
How do you prove the other driver was distracted?
That’s the thing, you always want to share as much evidence that you can provide. And it will vary based on the situation at hand, like sharing a police report, witness statements, cell phone records, surveillance footage, vehicle data or anything of that nature. Depending on the case, the personal injury lawyer in San Luis Obispo will be able to offer you all the necessary assistance and support.
How is negligence established?
In general, to get compensation, you really need to show that there was negligence involved. That means the other driver did not operate the vehicle safely and they were distracted, not to mention you suffered financial losses and injuries. That’s important to understand, and it will help better streamline everything, while continually adjusting and implementing things more cohesively.
Can you recover compensation if you were partially at fault?
Usually yes, since most states are following the comparative negligence laws. So even if you were partially responsible, you can still get compensated. But the amount will vary based on the investigation and other factors. It’s still doable, which is great, since you can get compensation no matter what happened, and that is incredibly important.
What can you do after a distracted driving accident? You want to call 911 first and foremost, and seek medical attention on the scene. You also want to take photos, get witness contact info, exchange information, preserve dashcam footage and also avoid discussing any type of fault with the other driver. Making sure that you protect yourself is crucial here, as any info can be used against you here.
A personal injury attorney can help you here because he will gather evidence, grab the surveillance footage, request phone records, interview witnesses, work with the accident reconstruction experts, and also calculate the full value of your damages. And on top of that, he can file a lawsuit when necessary, and even negotiate with the insurance company. Simply put, there’s a lot that he can do, and it’s imperative to use their services when possible.
There will always be issues when it comes to a personal injury case. And that’s why you always want to pay a ton of attention when it comes to how you can handle the distracted driving situation, and adapt accordingly. This is not going to be easy, hence the reason why you want to work with a vetted professional in this niche. That will help you more than expected, and it will give you the upside that you need when it comes to handling the case properly and very effectively.
This content is provided for informational purposes only and is not a substitute for professional advice. AFP editorial staff were not involved in the creation of this content.
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