Distracted driving is one of the greatest threats to the health of motorists, passengers, pedestrians, and others near roadways. It is common knowledge that driving while distracted makes a motorist far more likely to cause an accident, yet accidents happen every day because of distracted drivers.
If you or a loved one suffered injuries because of a distracted driver, you have a right to fair compensation. An Orland Park car accident attorney will seek fair compensation for any pain and suffering, medical bills, lost income, and other damages resulting from a distracted driving collision.
What Qualifies as Distracted Driving?
More than 32,000 victims lost their lives in distracted driving accidents over the past decade, and many more suffered serious injuries because of distracted motorists. Distracted driving includes many different failures by a motorist, which include:
- Taking eyes off the road (visual distraction): Motorists may take their eyes off the road to look at sights, their phones, the vehicle’s media center, items within the vehicle (like fallen items), or for other reasons. Road conditions are always changing, so even a momentary glance away from the roadway can be a catastrophic mistake.
- Taking one’s mind or focus off driving (cognitive distraction): Safe drivers always consider what might happen next so they can react quickly when necessary. If a motorist thinks about anything other than their duty as a driver, this limits their ability to avoid causing an accident.
- Taking one’s hand(s) off the wheel (manual distraction): Through the training necessary to obtain a license, motorists learn to maintain two hands on the steering wheel. If they take one or both hands off the wheel to eat, text, or engage in any other activity, they engage in a form of distraction.
While some forms of distraction are more dangerous than others, any type of distracted driving increases the risk of an accident. If you have any questions about whether a motorist involved in your accident was distracted, your attorney will provide answers.
Common Types of Distraction That Could Be Relevant to Your Case
Those who have questions about whether they are the victim of a distracted driver may benefit from knowing common types of distraction, which include:
- Texting while driving
- Talking on the phone while driving, including in a hands-free manner
- Eating or drinking while driving
- Drinking alcohol while driving
- Speaking with others inside a vehicle while driving
- Reaching for items inside the vehicle, which may include fallen items, pets, and vehicle components (like the volume knob)
- Listening or watching media that distracts the driver
These are a few examples of how motorists become distracted, which often leads directly to collisions. Attorneys frequently represent victims of distracted driving accidents, so they are uniquely familiar with what qualifies as motorist distraction.
Is a Motorist Automatically Liable If They Cause an Accident Because of Distraction?
A distracted motorist is often responsible for any collision they are involved in. This is true because much data (and common sense) tell us how dangerous distracted driving is.
There can be instances where a distracted driver is not solely liable for an accident. For instance, if a drunk driver runs a red light and strikes a motorist who is texting while driving through an intersection, the drunk driver may share liability for the accident. That said, the motorist who was texting may also be liable, as their texting may have prevented them from making an evasive maneuver.
Allow an experienced car accident lawyer to prove that a distracted motorist is responsible for your collision and resulting injuries, deaths, and damages.
How to Seek Fair Compensation After a Distracted Driving Accident
Those who suffer injuries or lose loved ones because of distracted drivers can obtain compensation through:
- Insurance claims
- Lawsuits
Insurance claims often end with settlements, while lawsuits can end with a settlement or an award obtained through trial. Many distracted driving cases begin as insurance claims. If it becomes clear that insurers can’t or won’t provide the compensation you deserve, your attorney may advise you to let them sue on your behalf.
Is Hiring a Lawyer the Right Decision?
There are several reasons why hiring a car accident attorney may be the right decision for you, including:
- A lawyer’s familiarity with distracted driving cases: Each case a lawyer handles is unique. Even so, the experience that comes from representing many distracted driving accident victims may be priceless. As someone who deserves compensation, you may place a high value on a lawyer’s prior experience.
- A law firm’s ample resources: Law firms offer attorneys’ services, but that’s hardly the only resource they provide. You will also get the services of paralegals, experts, investigators, and any other resources the firm uses when building insurance claims and lawsuits.
- A law firm’s contingency fee arrangement: Hiring a car accident lawyer should not cause any additional financial stress. Because of contingency fees, hiring a lawyer will be no burden. Your attorney will ask for no upfront compensation, and they will only receive their fee if they obtain a settlement or verdict for you.
- You must put your recovery above all else: Building (and winning) an insurance claim or lawsuit takes significant time and effort. Should you hire a lawyer to lead your case, you can spend your time and effort healing rather than building your case.
There is a laundry list of strong reasons to work with a car accident attorney, and these are just a few items on that list. Still, these reasons alone are enough for many auto accident victims to hire a car accident attorney.
How Your Car Accident Attorney Will Hold Liable Parties Accountable
Many states have laws that prohibit distracted driving. Yet, distracted driving accidents continue to occur, and victims are not always helped by any ticket or criminal sanctions the distracted driver faces. Instead, victims like you can turn to an attorney to seek fair compensation, including money for your damages and punitive damages against the distracted driver.
When you hire an attorney, they will handle all case-related responsibilities, including:
Protecting You from Those Whose Interests Go Against Yours
In part, you may hire a lawyer because you recognize some parties want to see your case fail. This may include insurance companies and representatives for the distracted motorist.
Your lawyer will protect you from bad-faith tactics that can otherwise harm your case, which may include:
- Attempts to confuse you and have you unintentionally admit fault for the accident
- Coercing you into making statements that damage your case
- Pressuring you to accept a lowball settlement offer
- Badgering you unnecessarily while you are trying to recover
You should feel peace of mind knowing that your attorney protects you from those who wish ill upon your case.
Proving the At-Fault Motorist Was Distracted
Car accident attorneys must prove the liable parties’ negligence. Because distracted driving is a form of negligence, your attorney will work to prove that the at-fault motorist was distracted at the time of your accident.
A lawyer may prove distraction using:
- Statements the motorist made admitting their distraction
- Witness testimony that they saw the at-fault motorist engaged in distracting behaviors
- Cell phone records that indicate the motorist was engaged in cellphone-related distraction at the time of the accident
- Any other evidence your lawyer deems relevant to your case
Trust an experienced attorney to recognize and incorporate valuable evidence into your claim or lawsuit.
Proving How and Why the Accident Happened
Proving distraction is one crucial step, and the next step will be proving exactly how the collision occurred. For instance, your lawyer may show that the at-fault motorist struck your vehicle from behind.
Witness accounts, video footage, and several other types of evidence may allow your lawyer to show how motor vehicles collided. Proving this may also solidify who is responsible for the accident.
Documenting All of Your Accident-Related Damages
Your legal team will prove the cost of your accident using:
- All medical records related to your accident, including specific diagnoses of your injuries and symptoms
- Medical images of your injuries, like X-rays
- All medical bills related to the accident
- Estimates or invoices for the repair or replacement of your vehicle
- Statements proving your pre-accident income, which can prove how much income you have lost because of the collision
- A mental health professional’s diagnosis of post-traumatic stress disorder (PTSD) and other pain and suffering resulting from the collision
Experienced lawyers know what evidence can help win lawsuits and succeed with insurance claims.
Calculating the Exact Financial Value of Your Case
Your damages will determine the financial value of your case. Your attorney will consider economic and non-economic damages when calculating your case value.
If you have yet to fully heal or are suffering ongoing damages when it comes time to negotiate a settlement, your attorney will project the value of future damages.
Negotiating a Settlement (Likely Beginning with Insurance Companies)
When your attorney knows how much compensation you are entitled to, they can then negotiate a settlement. They may first negotiate with insurance companies. If you file suit, the insurance companies may continue to represent their policyholders.
If liable parties lack insurance or your case becomes a lawsuit, your attorney may seek a settlement from the distracted driver or other liable parties.
Handling Any Legal Proceedings You Choose to Pursue
Distracted driving accidents can cause substantial harm. If the cost of your damages exceeds insurance coverage or liable parties refuse to offer a fair settlement, your attorney can file a lawsuit for you.
Should your case go to trial, know that your lawyer will fight hard for you in court.
Recoverable Damages in Your Distracted Driving Accident Case
Each distracted driving accident case involves unique people with damages that are entirely independent of other victims’ damages. Therefore, your lawyer will deliberately investigate your damages and identify the value of:
Your Healthcare Costs
You should seek all the medical care you need after the accident, which may include:
- Emergency medical services
- Diagnostic imaging
- Surgeries
- Hospitalization
- Medications
- Rehabilitation services
Medical bills can reach six figures or more in cases of serious collisions. Your attorney will work to ensure you are not responsible for such costs and that liable parties cover these expenses as they are obligated to.
Your Property Costs
Your attorney will calculate the cost of repairing or replacing your vehicle after the distracted driving accident. If you have other damaged property, your lawyer will consider those costs, too.
Your Pain and Suffering
Motor vehicle accidents can cause lingering problems that are not visible to the naked eye. This includes several types of pain and suffering, such as:
- PTSD
- Anxiety
- Depression
- Physical pain
- Lost quality of life
- Sleep difficulties
Your attorney may hire a mental health professional to diagnose such conditions, which may be necessary for liable parties to cover such damages.
Your Professional Damages
Some common professional damages among auto accident victims include lost income, diminished earning power, lost bonus and overtime opportunities, and lost benefits when the accident victim loses their job.
You may have more damages, and your lawyer will account for them when forming their settlement demands. Rest assured that a capable lawyer will demand every dollar you are entitled to.
What Do I Do While My Attorney Leads My Case?
All you have to do is focus on your medical treatment and physical recovery. Let your attorney worry about obtaining the compensation you deserve. Your attorney will update you regularly and handle any case-related actions you need to take. Meanwhile, you can rest, recover, and address the emotional effects of your injuries, so you are in the best possible physical and mental position moving forward. Your attorney will strive to put you in the best possible financial position for the future.
Hire Your Car Accident Attorney as Soon as Possible
There may be a deadline for filing any lawsuit you ultimately need to file. You may also need to report injuries right away if you have not already done so. Your Orland Park personal injury lawyer will also need to secure relevant evidence as quickly as possible.
Do not wait to find the right car accident lawyer for your case.