Distracted Driving Accident Attorney

Distracted Driving Accidents

Were you involved in a car accident that was caused by distracted driving? If the negligence of a distracted driver contributed to you suffering trauma during a car accident, you may have grounds to file a lawsuit. You should seek a free consultation with the car accident experts at Dordulian Law Group for assistance in holding the liable party accountable for the harm you’ve suffered.

What is Distracted Driving?

Any activity that deflects attention from a driver’s attention is a form of distracted driving. Some examples of distracted driving include:

• Handling phone calls
• Viewing/sending text messages
• Eating/drinking
• Talking to people in the vehicle
• Talking to people outside of the vehicle
• Changing the radio station/synching a Bluetooth enabled device
• Trying to pass objects to passengers or grab items that our out of immediate reach

In general, types of distracted driving can fall into one of three categories: (1) visual distractions; (2) manual distractions; (3) cognitive distractions.

Most people have engaged in distracted driving at one time or another. However, because many people exercise distracted driving without incurring major consequences, few effective deterrents exists to curb these dangerous habits. However, statistics prove that distracted driving is a significant problem that leads to thousands of senseless deaths every year.

According to the National Highway Traffic Safety Administration (NHTSA), there were 2,841 deaths associated with distracted driving in 2018 alone. This number includes 1,730 drivers and 605 passengers. The other fatalities consist of 400 pedestrians and 77 bicyclists. Distracted driving puts many people – not simply car drivers and passengers – needlessly at risk.

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What Can I Do If I am Involved in an Accident Caused by a Distracted Driver?

If you were involved in a car accident caused by a distracted driver, you may have grounds to pursue a lawsuit. You could even recover compensation if your claim is successful.

You Can File a Lawsuit for Damages

Your right to sue after an auto accident will be based on whether or not negligence was a factor in the accident. Under the law, every driver owes a duty of care to fellow drivers, cyclists, and pedestrians that share the roadway. The specific duty of care for drivers is to obey all traffic laws and apply a necessary amount of attention that any reasonable person would under similar road, traffic, and weather conditions. If you fail to comply with the duty of care responsibility, and your actions cause an injury to another individual, you could be responsible for compensating the victims.

You Could Receive Compensation for Damages

Depending on the facts related to the car accident claim, you may be eligible to receive compensation for:

• Medical bills
• Lost income
• Pain and suffering
• Property damage
• Punitive damages

If you are filing a claim as a family member of a deceased victim, you may also be eligible to recover compensation for funeral and burial expenses, as well as loss of consortium. The type and amount of compensation you may be entitled will depend on the facts pertaining to the claim.

How to File a Distracted Driving Accident Claim

After being involved in a car accident caused by a distracted driver, there are a number of steps you should take in preparation for pursuing a legal claim. Following these recommended steps after an accident can significantly improve your chances of reaching a positive outcome for your claim.

If you have been involved in a car accident caused by a distracted or reckless driver, please call (866) 369-5435 to arrange a free, no obligation consultation with one of our expert personal injury attorneys.

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Act Immediately After The Accident

Some of the steps you should take immediately after an accident include:

• Seek medical attention
• Take photos of visible injuries
• Take photos and videos of the scene of the accident (including property damage to vehicles)
• Note the distraction that might have caused the accident
• File an accident report with the authorities
• Gather the names/information of all parties involved
• Gather any available witness statements
• Gather all relevant insurance information
• File an insurance claim
• Collect all relevant property damage records
• Gather all medical records associated with the medical care required to treat your injuries
• Seek legal assistance immediately

Report The Accident to The Insurance Company

As listed above, you should report the car accident to the insurance company as soon as possible. However, it is important that you proceed with caution when dealing with insurance companies, and it is advisable to have an attorney present to guide you through the process. If you do not have an attorney present, only provide the minimal facts necessary for the insurance company to understand the accident, and never admit fault. You must remain honest and objective, but do not disclose any details that could potentially be used against you. The insurance company will investigate the accident (with your account and the account of other parties involved) and will ultimately reach their own conclusion.

Stick to the facts and do not provide more information than is necessary. Disclosing too much information, even unintentionally, could give the insurance company an opportunity to twist your words and potentially deny your claim. Remember that the insurance companies are not your advocates. They are in the business of reducing costs and saving money, and will do everything they can to minimize the financial award you receive for any damages. This is yet another reason why having an experienced car accident attorney with you when dealing with the insurance company is imperative.

The Statute of Limitations

If you are interested in taking legal action against the at-fault distracted driver that caused the accident leading to your injuries, you must file within the limited statute of limitations. If you fail to file your claim before the statute of limitations expires, you could lose your right to sue and be left without any options for legal recourse.

• In California, car accident claims (including those stemming from distracted drivers) are subject to a two-year statute of limitations.
• The statute of limitations for property damage resulting from a car accident is three years from the date of accident.

Client Review

“Thanks for everything that you did with my no insurance car accident. Anthony right away got me the medical treatment I needed , Anthony and Rafi made this whole process a pleasure to work with believe it or not! I appreciate the promptness, professionalism and stellar customer service thank you for your commitment. If someone needs an accident lawyer I would definitely recommend Dordulian Law Group is the best!!!”
Mariana P.