20
Oct
2020

Filing A Claim for Distracted Driving

One of the biggest causes of car accidents in Alaska is distracted driving. A significant number of lives are lost in such accidents. According to statistics, many car accidents victims lost their lives either because the driver used the cellphone while driving or another driver who was using their phone caused a distraction that led to a fatal accident. Even though there has been a ban on texting, drivers continue using cellphones while driving. If you were involved in a car accident where the other driver used a cellphone while driving, you have a right to sue.

distracted driving

Understanding Distracted Driving

Distracted driving is when a driver pays attention to something else rather than driving. While the use of cellphone concerning distracted driving has caught the attention of everyone, distracted driving can be categorized into four main types including:

  1. Cognitive distraction: Where the driver has some mental distraction instead of concentrating on the road.
  2. Visual distraction: The driver’s eyes tend to concentrate on something else. For instance, a driver could look at a rear mirror and distract another driver within a few seconds.
  3. Manual distraction: This involves manipulating something other than the steering wheel, such as eating or drinking while driving.
  4. Auditory distraction: This is the distraction caused by irrelevant sounds.

Alaska is one of the states with  cell phone and driving laws. And these laws continue to be passed. In Alaska, distracted driving has been a priority for state highway safety agencies. With this concern, distracted driving learning has been included in the driving license manuals to educate motorists. Everyone is prone to be engaged in distracted driving. However, teenagers are the most affected in all groups.

How To Provide Evidence Of Distracted Driving

In any given case, the negligent driver’s insurance company looks for all strong defenses to ensure they deny your claim. There are so many ways they can twist up your story to make sure you get a low settlement as possible. If you are to sue another driver for distraction, you need to prove that the other driver’s carelessness resulted in the accident. There are so many examples to show the acts of negligent drivers. Some of them include:



  • Driving while using one hand and doing something with the other
  • Reaching out to pick a cellphone.
  • Texting or chatting in social media while driving

You may ask what if it was an employee who was answering a business call? In such a case, their employer is to be held liable only if the employee was on duty and was answering a phone related to business, texting, or reading. To learn more about the potential ways to hold the other driver liable, you can consult lawyers in Wasilla, Alaska.  

Options For Getting Back On The Road

Not every car accident results in injuries, some just cause vehicle damage. If your car has been damaged and you have suffered injuries, you may be eligible to file both property damage claim and a personal injury claim.

  • Property damage claim: This includes harm to your personal properties such as a watch, laptop, or anything that was in your car during the time of the accident. Any property damage claim should be brought as a part of the car accident lawsuit, or you may have it as a single lawsuit. For the right settlement, it’s advisable for one to file a property damage claim first and then deal with the personal injury claim later.
  • Personal injury claim: For injuries suffered, you will need timely medical treatment. The doctor’s record should indicate that you sustained injuries after a car accident. Since some injuries take time to appear, the treatment should include any possibility of such issues.

Remember the statute of limitations for property damage claims and personal injury lawsuits to ensure your case is not done away with even before it has started. For both cases, the suit must be filed within two years.If you prove that the other driver was responsible for the accident, you can be sure that the driver will pay for your damages. These damages may include the below but not limited to:

  • Lost wages,
  • Lost earning capacity,
  • Pain and suffering.

The insurance company will pay attention to ensure the accident was as a result of distracted driving. But a reasonable attorney will prove that you suffered property damage and physical injuries from the accident. If you have been injured in a distracted driving car accident and believe you were not at fault, you need to file a claim against the liable party. You may be wondering how to go about your claim for the best settlement; having an experienced lawyer to deal with the insurance adjusters on your behalf will ensure you reap some good benefits.

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