Proving a Driver Was Distracted
When you choose our law firm to handle your car accident claim, we will immediately begin an investigation into the cause of your crash. It is crucial that we build a strong case to prove who was at fault for your accident, as the insurance company may try to pin the blame on you.
Some of the common types of evidence we may use to show a driver was distracted include:
Witness statements. Our attorneys will interview witnesses who saw what happened and can help piece together the events that led up to your crash. Witnesses may have seen the other driver talking on the phone or reaching for something in the vehicle just before the accident.
Video surveillance. Private security cameras and traffic cameras in the area may have captured the accident or the moments leading up to it. We will work to track down any footage that indicates the driver who hit you was not paying attention to the road.
Police accident report. Our firm will work quickly to get a copy of the crash report, which may include details that show the other driver was distracted.
Cellphone records. If we believe a driver was on the phone at the time of the accident, we may pursue cellphone records to prove the person was distracted.
Driver statements. In some cases, the driver may make a statement to police or others at the scene indicating that he or she was distracted at the time of the crash. When a driver admits fault for a crash, this statement will be an important piece of evidence.
As we build your case, we may also work with accident reconstruction experts, who will piece together all the evidence from the scene to craft a detailed re-creation of what happened. Ultimately, our goal is to show who was at fault and should be held responsible.
Demanding Maximum Compensation in Distracted Driving Cases
As a crash victim, you should not be left with any expenses related to your accident. In fact, a car accident settlement or award is intended to make you whole again when one person’s negligent behavior causes you harm. As your attorneys, we will demand maximum compensation for both economic and non-economic losses, which may include payment for:
- Medical bills, such as the costs of emergency room visits, surgeries, hospitalizations, follow-up doctor visits, medications, etc.
- Future treatment costs, including rehabilitative therapy and future surgeries that may be needed
- Lost wages for any time missed from work due to your injuries
- Reduced earning capacity, if you are no longer able to do the work you did before the accident
- Pain and suffering, both physical and emotional
An insurance company may contact you soon after a distracted driving accident to offer you a settlement check. Do not accept this. You need to fully understand how your injuries will affect you in the future in order to decide what a fair settlement should be.
Our distracted driving attorneys are available to review any settlement offer you have received and explain your legal rights in a free consultation.
Common Distractions While Driving
As experienced attorneys, we have handled car accident cases involving all types of distracted drivers. Some of the common distractions we see include:
- Talking on the phone
- Playing games
- Social media
- Changing music
- Using a GPS
- Eating or drinking
- Pets in the car
- Interacting with passengers
It is important to note that in Massachusetts, it is illegal to type, send, or read electronic messages while driving. In addition, drivers younger than 18 are not allowed to use any electronic device while behind the wheel (including “hands-free” devices).
Types of Distracted Driving
Although texting and talking on the phone are the most frequently cited examples of distracted driving, there are a wide variety of behaviors that can lead to a serious crash. In general, a driver may be distracted:
- Visually, meaning their eyes are not on the road
- Manually, meaning their hands are not on the steering wheel
- Cognitively, meaning their minds are not on the task of driving
If you believe the driver who hit you was distracted in any way, you should talk to our attorneys about it. We have the skills and the resources to investigate your distracted driving claim and demand the full compensation you deserve.
Talk to a Distracted Driving Accident Lawyer Now
Did a distracted driver leave you with serious injuries, costly medical bills, and other expenses that you should not be facing? Talk to our experienced car accident lawyers about your legal rights.
At Brooks Law, we fight for hardworking men and women who have been hurt in accidents that could have been prevented. We will manage all the details of your case from start to finish, allowing you to focus on your health and your family.
Call us or contact us online now to set up a free consultation to discuss your case. Our law firm does not charge any fees upfront to start work on your claim, and you do not owe us anything unless we recover money for you.