It only takes a split second of distraction for an unintended collision to occur. If another driver takes their eyes off the road and causes an accident, you have every right to pursue compensation for your damages. A Bridgeport, CT, distracted driving accident lawyer at Cellino Law can guide you through the claims process and help you hold the negligent driver accountable.
What Constitutes Distracted Driving?
The Connecticut Office of Highway Safety reports that there were over 5,400 distracted driving crashes in the state throughout 2021. Many drivers underestimate how everyday behind-the-wheel activities can pull their attention away from the road.
Some of the most common causes of distracted driving include:
- Texting, calling or using a mobile device in any way
- Eating and drinking
- Talking to passengers
- Grooming or applying makeup
- Driving while tired, fatigued or daydreaming
If you decide to file a personal injury claim against another driver, your legal team will thoroughly investigate their behavior to determine if distracted driving played a role in the accident. Discovering that they were engaged in any of these distracting activities while behind the wheel can significantly strengthen your claim.
What Should You Do After a Distracted Driving Accident?
When an accident happens because the other driver was distracted, they will likely be as shocked and panicked as you are. That is why it is so important to try to remain in control of the situation and call 911 immediately.
Move to a safe location on the side of the road or, if it is impossible to move your vehicle out of the road, turn your hazard lights on to alert other drivers. Wait at the scene and make sure that you and any other people involved receive swift medical attention.
After making sure you’re not injured, take the opportunity to document the scene as much as possible. Take clear photographs of both vehicles and record any damage to your property. Exchange contact information with everyone involved in the accident, as well as any witnesses.
You should also report the accident to your auto insurance provider as soon as possible. Consider involving your attorney in the process at this stage, as having legal guidance can make all the difference if you are unsure what to say to an insurance representative. Your attorney will also help you begin the claims process with minimal risk of mistakes.
How Can You Prove Liability in a Distracted Driving Accident?
When an accident occurs, the driver behaving negligently and driving while distracted is typically at fault. This is especially true when there are clear signs of reckless behavior, such as changing lanes suddenly, running stop signs or traffic lights, drifting into other lanes or driving erratically. These actions not only indicate a lack of focus but also put everyone on the road at risk.
However, it can still be difficult to prove without a doubt that the other person was distracted. Unlike other types of negligence, such as speeding, which can be confirmed through radar data or dash cam footage, distracted driving often leaves little direct evidence behind. This is why gathering the right types of evidence is important to building a strong case.
Photographic and Video Evidence
The photographs you take of the accident scene can do more than just demonstrate the extent of your damages. Careful examination of these photos can reveal the circumstances surrounding the accident. By that same merit, dashcam footage and traffic camera footage can also clearly illustrate how the accident happened.
Police Reports
Law enforcement officers who arrive at the scene of the accident will produce a police report detailing the results of their investigation. This documentation serves as powerful evidence that can support your personal injury claim. If the other driver was driving while distracted, for example, the police report will likely indicate as much.
Witness Statements
If any third-party witnesses saw the accident, their testimony can be invaluable. An unbiased witness account is very difficult for the other party’s insurance company to refute. It is important to collect contact information from witnesses at the scene of your accident, but you can rely on your legal team to reach out to those witnesses with follow-up questions.
Cell Phone Records
While you would not normally have access to another person’s phone records, your legal team may access this information by cooperating with law enforcement or through their own investigations. Cell phone records can irrefutably demonstrate that the other driver was engaging in distracting behavior during your accident, contributing to their degree of fault.
What Compensation Can You Get for a Distracted Driving Accident?
Filing a personal injury claim against the distracted driver who caused your accident is an opportunity to recover the economic damages you suffer as a direct result of the accident, as well as certain non-economic damages.
Recoverable damages in a car accident claim include:
- Medical expenses
- Property damage
- Lost wages and loss of earning ability
- Emotional pain and suffering
- Mental anguish or distress
The at-fault driver’s auto insurance provider will typically be responsible for compensating you for your damages. However, if the other driver does not have adequate insurance, you can attempt to recover your damages by filing a lawsuit against them. You might also be able to receive coverage from your insurance provider through your uninsured or underinsured motorist coverage on your auto policy.
Do You Need To Hire an Attorney if a Distracted Driver Hits You?
Working with an attorney can ensure that you get the maximum amount of compensation you deserve after an accident. Even if the police report clearly indicates that the other driver was driving while distracted, the insurance company can still make it difficult for you to receive a satisfactory settlement. Your legal team will level the playing field against insurers who might try to take advantage of you.
For example, the insurance company might offer a settlement and even admit that their client was at fault. However, without an experienced car accident lawyer to carefully evaluate your damages and the value of the settlement offer, you may not realize if the settlement is truly in your best interest. Insurance companies often attempt to minimize payouts, so there’s always a chance they’re undervaluing your claim.
A Bridgeport, CT, distracted driving accident lawyer can assist with your case by:
- Investigating the cause of your distracted driving accident
- Collecting evidence to establish the distracted driver’s fault
- Filing a claim on your behalf and handling any other paperwork
- Negotiating with insurers and other lawyers
- Representing you in court if you decide to sue
Keep in mind that the statute of limitations for personal injury claims in Connecticut is two years from the date of the accident. However, many facts surrounding a car accident case can become lost to time.
For example, proving that the other driver engaged in distracting behavior can be more difficult if the crash happened many months ago. Consulting with a lawyer early on and being proactive about beginning your claim can lead to a more favorable result.
Contact a Bridgeport, CT Distracted Driving Accident Lawyer Today
In the weeks and months after a disruptful car accident, you deserve the opportunity to focus on recovering and returning to normalcy. At Cellino Law, our distracted driving accident lawyers strive to help you overcome the consequences of a negligent driver’s actions. Contact us today for a free consultation and to explore your legal options.