If you were injured in a car accident caused by a distracted driver, your lawyer will work hard to show their negligence. They may interview witnesses and examine phone records/vehicle data; furthermore they may consult experts for insight.
Your lawyer will fight hard against the insurers to prove negligence and get you maximum compensation.
Proving the Negligence
Drivers who are distracted can lose control of their vehicles, injuring other road users or even leading to death. If you or a loved one have been involved in an accident with a distracted driver, it is imperative that you contact an NYC personal injury lawyer as soon as possible for legal representation.
Attorneys begin by showing that the driver owed you a duty of care, breached it, and that this breach caused your injuries. They do this through evidence such as witness statements, photos from the scene of the accident, police reports, medical records, or other documentation.
Proving distracted driving can be a challenging endeavor, but there are ways of gathering evidence against a negligent party. Your attorney could request phone logs from your victim’s service provider or utilize data stored by their car’s black box recorder; additionally, an effective distracted driving accident lawyer will investigate if there are security or red-light cameras nearby that could provide crucial evidence in support of your case.
Collecting Evidence
If a driver breaches their legal responsibility to exercise ordinary care and causes an accident, they may be held liable for injuries and damages incurred as a result. Proving negligent acts by drivers can be challenging – particularly with regards to distracted driving accidents.
Eyewitness accounts and phone records may help establish that the driver was distracted at the time of collision. Such evidence may reveal whether they were texting, using apps or social media when involved.
Other forms of evidence could include audio recordings, surveillance videos from businesses or police body cameras, statements by the at-fault driver themselves and medical records as evidence regarding your physical and emotional suffering from the accident. Your lawyer can use these records to build a strong case for compensation from these at-fault drivers.
Negotiating with the Insurance Company
Drivers entrusted with driving an automobile carry an immense responsibility, and those who disregard their responsibilities and cause accidents risk exposing others to harm and should be held accountable.
Your attorney can investigate the accident using evidence such as dashboard camera video, witness statements or cell phone records to demonstrate that the driver was distracted and caused your injuries.
Your attorney can also help negotiate a fair settlement with the at-fault driver’s insurance company. While speaking directly to an adjuster may seem intimidating, having someone represent you may prevent you from accepting an unfair offer. Furthermore, for serious injuries your lawyer can help pursue compensation for medical bills, future treatment costs, lost wages and pain and suffering that could extend over time; they work closely with medical experts from various fields to assess them accurately and assess severity accordingly.
Filing a Lawsuit
After being involved in a distracted driving accident, depending on your state of residence you only have a set period to file a civil suit and claim compensation for losses sustained as a result of it. Otherwise, evidence could disappear or expire and prevent you from recovering any reimbursement for losses suffered.
An experienced distracted driving accident lawyer will carefully document all injuries and losses sustained from distracted driving incidents, negotiate an equitable settlement with insurance providers, and fight in court if necessary on your behalf.
Distracted driving is one of the leading causes of car accidents. Any activity which draws a driver’s attention away from driving – such as using their phone, texting, eating or talking on the phone – or daydreaming can be considered distracting and should be treated as such.
An automobile accident resulting from distracted driving can result in serious injuries such as spinal cord damage, paralysis, head trauma, broken bones and internal bleeding requiring hospitalization and medical treatment. You can seek damages for past and future medical expenses, rehabilitation expenses, lost income from employment-based benefits lost as a result of reduced earning capacity pain and suffering damages as well as modifications made to your home that make life more livable as a result of injuries (for instance installing wheelchair ramps). A New York distracted driving lawyer can help you recover those damages and claims by filing suit on your behalf against those responsible.