Distracted driving has become one of the leading causes of car accidents across the country. Every day, drivers take their eyes off the road to check their phones, adjust their GPS, or reach for something in their vehicle. These seemingly minor distractions can have devastating consequences. If you’ve been injured in a car accident caused by a distracted driver, understanding your rights and options is crucial to protecting your recovery.
Prince & Associates, PLLC has helped countless victims of distracted driving accidents secure the compensation they deserve. When another driver’s negligence causes your injuries, you shouldn’t have to face mounting medical bills and lost wages alone. Our experienced personal injury attorneys are here to guide you through every step of the legal process.
What Is Distracted Driving?
Distracted driving occurs when a driver diverts their attention from the primary task of operating a vehicle safely. This behavior creates dangerous conditions for everyone on the road. The consequences can range from minor fender-benders to catastrophic collisions resulting in serious injuries or fatalities.
There are three main categories of driver distractions. Visual distractions take the driver’s eyes off the road. Manual distractions involve taking hands off the steering wheel. Cognitive distractions occur when the driver’s mind wanders from the task of driving. Many activities, like texting, involve all three types simultaneously.
The problem has grown significantly with the widespread use of smartphones and other mobile devices. Studies show that reading or sending a text takes your eyes off the road for approximately five seconds. At highway speeds, that’s equivalent to driving the length of a football field blindfolded.
Common Causes of Distracted Driving Accidents
Cell phone use remains the most prevalent form of distraction behind the wheel. Texting, browsing social media, taking photos, and making phone calls all divert crucial attention from driving. Even hands-free calls can reduce a driver’s focus and reaction time significantly.
Eating and drinking while driving is another frequent contributor to accidents. Unwrapping food, taking bites, reaching for beverages, and cleaning up spills all require manual and visual attention. A driver handling a coffee cup or burger cannot respond quickly to sudden traffic changes.
In-vehicle technology and navigation systems create additional hazards. Programming a GPS, adjusting climate controls, changing radio stations, or interacting with touchscreen displays takes focus away from the road. Even brief glances at these systems can result in collisions.
Personal grooming activities like applying makeup, shaving, or fixing hair are surprisingly common behind the wheel. Passengers, especially children, can also create distractions through conversations or behavior that requires the driver’s attention. Reaching for fallen objects, dealing with pets, or turning around to address backseat issues all compromise safety.
Understanding Liability in Distracted Driving Cases
When a distracted driver causes an accident, they can be held legally responsible for the resulting injuries and damages. Establishing liability requires proving that the driver breached their duty of care by engaging in distracted behavior. Evidence of distraction often comes from cell phone records, witness statements, or the driver’s own admissions.
Negligence is the legal foundation for most distracted driving claims. Every driver has a responsibility to operate their vehicle safely and attentively. When they violate this duty and cause harm, they become liable for the victim’s losses. This includes medical expenses, lost income, property damage, and pain and suffering.
In some jurisdictions, laws specifically prohibit certain forms of distracted driving, particularly texting. Violation of these statutes can serve as evidence of negligence per se. This legal doctrine means the driver automatically breached their duty of care by breaking the law.
Insurance companies often try to minimize payouts by disputing the extent of the distraction or the severity of injuries. Having experienced legal representation from Prince & Associates, PLLC can make a significant difference in the outcome of your case. We know how to gather evidence, negotiate with insurers, and fight for full compensation.
Comparative negligence may also factor into these cases. If you contributed to the accident in any way, your compensation might be reduced proportionally. However, even if you bear some responsibility, you may still recover damages depending on your jurisdiction’s laws.
If you’ve been injured by a distracted driver, call (888) 844-9406 or email contactus@princelawassociates.com to discuss your case with our team.
Steps to Take After a Distracted Driving Accident
Your actions immediately following an accident can significantly impact your ability to recover compensation. First and foremost, seek medical attention even if you don’t feel seriously injured. Some injuries like whiplash, concussions, or internal trauma may not show symptoms immediately. Medical records also serve as crucial evidence linking your injuries to the accident.
Call the police and ensure an official accident report is filed. This document provides an objective account of the crash and may include the officer’s observations about distracted driving. Be honest with law enforcement but avoid admitting fault or speculating about what happened.
Gather evidence at the scene if you’re able to do so safely. Take photographs of vehicle damage, road conditions, traffic signals, and any visible injuries. Collect contact information from witnesses who saw the accident occur. Their statements can corroborate that the other driver was distracted.
Document everything related to your injuries and recovery. Keep copies of medical bills, prescription receipts, and records of missed work. Maintain a journal describing your pain levels, limitations, and how the injuries affect your daily life. This documentation strengthens your claim for damages.
Notify your insurance company about the accident but be cautious in your communications. Provide only basic factual information. Do not give recorded statements or sign releases without consulting an attorney first. Insurance adjusters may try to use your words against you to reduce your settlement.
Contact a personal injury lawyer as soon as possible. At Prince & Associates, PLLC, we handle all communication with insurance companies and begin building your case immediately. Early legal involvement helps preserve evidence and protects your rights from the start.
Common Mistakes to Avoid After a Distracted Driving Accident
Many accident victims unintentionally harm their cases by making avoidable errors. One of the biggest mistakes is delaying medical treatment. Insurance companies often argue that gaps in treatment mean injuries weren’t serious or weren’t caused by the accident. Get evaluated by a healthcare provider promptly and follow their treatment recommendations.
Posting about your accident on social media can severely damage your claim. Insurance adjusters routinely monitor accident victims’ online profiles looking for contradictory information. A photo of you smiling at a family gathering might be used to argue you’re not really suffering. Keep your case details private and avoid discussing the accident online.
Accepting the first settlement offer is rarely in your best interest. Initial offers typically undervalue your claim significantly. Insurance companies hope you’ll accept quick money before understanding the full extent of your injuries and losses. Once you accept and sign a release, you generally cannot pursue additional compensation later.
Failing to follow your doctor’s treatment plan can undermine your credibility. If you skip appointments, ignore medical advice, or stop treatment prematurely, insurers will claim you weren’t really hurt. Continue all prescribed therapy and medications until your physician clears you.
Trying to handle your claim without legal representation puts you at a disadvantage. Insurance companies have teams of lawyers protecting their interests. You deserve experienced advocacy too. Prince & Associates, PLLC works on a contingency basis, meaning you pay nothing unless we recover compensation for you.
Frequently Asked Questions
How do I prove the other driver was distracted?
Evidence can include cell phone records showing texts or calls at the time of the crash, witness testimony describing the driver’s behavior, dashboard camera footage, and the driver’s own statements to police. An attorney can subpoena phone records and other documentation to establish distraction.
What compensation can I recover after a distracted driving accident?
You may be entitled to compensation for medical expenses (past and future), lost wages and diminished earning capacity, property damage, pain and suffering, emotional distress, and in some cases, punitive damages. The specific amount depends on the severity of your injuries and impact on your life.
How long do I have to file a claim?
Personal injury claims are subject to statutes of limitations that vary by jurisdiction. These deadlines typically range from one to six years from the date of the accident. However, waiting too long can make evidence harder to collect and witnesses harder to locate. Contact an attorney promptly to protect your rights.
What if I was partially at fault for the accident?
Many jurisdictions follow comparative negligence rules, allowing you to recover damages even if you share some fault. Your compensation would be reduced by your percentage of responsibility. Some states bar recovery if you’re more than 50% at fault, while others allow recovery regardless of your fault percentage. An attorney can explain how your jurisdiction’s laws apply.
Contact Prince & Associates, PLLC for a Free Consultation
Distracted driving accidents can leave you with serious injuries, mounting expenses, and an uncertain future. You don’t have to navigate the legal system alone while trying to recover physically and emotionally. Prince & Associates, PLLC has decades of experience helping injury victims hold negligent drivers accountable and secure the compensation they need to move forward.
Our team understands the tactics insurance companies use to minimize payouts. We fight aggressively to protect your rights and pursue maximum recovery for your losses. From investigating the accident to negotiating settlements or taking your case to trial, we handle every aspect of your claim so you can focus on healing.
Don’t let an insurance company take advantage of you during this vulnerable time. Your initial consultation is completely free, and we only get paid if we win your case. There’s no financial risk in learning about your legal options.
Call (888) 844-9406 or email contactus@princelawassociates.com today to schedule your free consultation with an experienced personal injury attorney. Let us put our expertise to work for you and fight for the justice and compensation you deserve