05
Jul
2021

How Do I File A Claim Against A Distracted Driver?

Distracted driving is one of the leading causes of accidents in California. According to statistics, among 1000 injuries in the U.S.A, approximately 9 involve distracted driving.

Being injured by a distracted driver has a great impact on the affected victim.  If you were a pedestrian or suffered injuries as a driver due to someone else’s negligence, you may have a claim.

No one should suffer because another party was negligent in getting their attention off the road. The law requires that every driver be reasonable enough to keep safe and ensure safety on other road users.

Distracted Driving Car Accidents

Despite the drivers knowing how distracted driving can lead to serious accidents, some continue to check on their phones, eat or talk to the passage while driving. While this is common, you cannot control other people’s situations. But you have a right to ensure such a driver pays for their actions in case of an accident. Distracted driving can be summarized under three sort of destruction as follows:

  1. Visual: Where a driver takes their eyes off the road.
  2. Manual: Where a driver takes their hands off the steering wheel.
  3. Cognitive: The mind gets off from the main task of driving. This is a difficult distraction to prove

Some examples of the above include:

  • Talking on the phone:California is one of the states where there is a ban on handheld devices while driving. While there is a ban on the usage of handheld cellphones, it would be difficult to make a claim where such a driver was doing so to make an emergency call or operating an authorized emergency car. In such a case, it would be difficult to make a claim against a government agency where it can be proved the driver was responding to an emergency call.
  • Activating or deactivating a GPS: California laws allow the use of GPS. However, there are situations where you can hold the driver responsible.  If you can prove the driver was holding or operating the device while driving, the process of liability may be swift.

Where the at-fault driver admits fault, you will have an easier time proving your claim. However, where the issue is a competition, you need to seek legal help.

You Need To Prove Distraction

You need to provide the right evidence that you suffered injuries through distracted driving. Car accident lawyers in Bakersfield ca have the right knowledge to prove how distraction played a part in your case. As such, they may request:

  • Police reports.The police report may contain some physical evidence detailing how the fault driver was distracted and how this led to the accident.
  • Credible witnesses.Witnesses can testify that they saw the defendant engage in the act of distraction in question. However, you need to have credible witnesses as they will play a part in your claim. The insurance adjuster will be interested to know whether there were any witnesses during the accident. In most cases, there are lots of discrepancies in such kinds of accidents. The adjuster always leans on the side which provided more accurate evidence.

Your lawyer can look for other sources of evidence, such as the use of cell phone records to support your claim. Dashboard cameras can also be helpful. Collecting evidence at the scene of the accident is vital. Also, they can use photographs, skid marks, or whatever physical evidence that would place you in a better position for compensation. The evidence will be of great use to your lawyer when gathering evidence for your personal injury claim.

Everybody can prove that drivers are prone to use their phones or talk to passengers, among other activities while driving. However, the aftermath of any such activity is always devastating. If you have been injured by a distracted driver and can link your injuries to negligence, you need to file a compensation claim.

Get Legal Help

To file a person injury lawsuit, you will have to prove the other driver was distracted at the time of your car accident. You will also have to show injuries suffered.

It would be difficult to obtain any compensation if you were not injured. That’s why you need to seek medical care, keeping in mind that some injuries take time before they appear.

If the accident was a minor fender bender, still, you would need a doctor’s approval about your injuries. If such an injury is to appear after some time, you will still have a chance to file claim for your medical expenses.

For questions regarding filing a claim involving distracted driving, contact an experienced car accident lawyer. The reason is that distracted driving is a wide range of issues. Thus your claim will heavily depend on the range of activity that led to distracted driving.

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