Overview of Car Accident Injuries Caused by a Distracted Driver
The incidence of distracted drivers that results in automobile accidents is a significant problem on United States roadways at this juncture in time. Primary causes of distracted driving include:
- texting
- talking on phone
- talking to a passanger
- eating and drinking
- looking in the mirror
A person injured due to a distracted driver needs to keep some essential information in mind. By understanding some of these basic facts and factors, a person is in the best position to protect his or her rights and interests in the aftermath of this type of accident.
Essential Distracted Driver Statistics in the United States
The problem of distracted drivers is significant in all 50 states in the United States. Each day, approximately eight people are killed on U.S. roadways because of distracted drivers, according to the Centers for Disease Control and Prevention. Approximately 1,200 more individuals are injured because of distracted drivers daily. Some of these men, women, and children are injured seriously.
Compensation for Injuries in Distracted Driver Accident
The specific facts and circumstances of a distracted driver accident result in the types of damages and injuries sustained by the victim of this type of negligence. With that said, there are types of losses that are claimed with regularity in these types of accidents.
Medical bills are on the list of losses for which compensation is sought in a distracted driver accident case. In addition, an injured person is likely to miss work and lose money in that process. An injured person is entitled to compensation for lost wages.
Pain and suffering associated with injuries sustained in a car accident can be profound. This represents another major are in which a person is entitled to compensation. A person may suffer mental anguish in this type of situation, which is also compensable.
In many cases, compensation is available not only for current losses but for those likely to be incurred into the future. For example, an injured person is likely to endure pain and suffering as well as medical expenses for an indefinite period of time.
A person involved in an accident because of the negligence of a distracted driver may also suffer permanent disabilities. This represents another key area in which comprehensive compensation may be forthcoming.
Distracted Drivers and Pedestrian Accidents
Distracted drivers cause a significant number of accidents involving pedestrians. These negligent events occur with surprising regularity in crosswalks, areas in which a pedestrian has the right-of-way.
A personal injury attorney, including the legal team The Doan Law Firm, find themselves confronting these types of cases with startling regularity. The injuries sustained when a walker is hit by a motor vehicle typically are severe. Indeed, these types of accidents many times result in permanent disability for the pedestrian.
Proving Negligence in a Distracted Driver Case
There are three primary legal elements that must be proven by an injured person in a distracted driver accident case. First, an injured person must demonstrate what legally is called a duty of care. In simple terms, the driver had a duty to exercise reasonable care in operating the vehicle under the circumstances at the time. For example, the driver had a duty to pay attention to what is occurring the a crosswalk.
Second, there must be a demonstration that the driver breached that duty of care. In the case of a crosswalk incident, a breach of that duty would be the driver distracted by eating a sandwich while driving.
Finally, the breach of duty must be what is called the proximate cause of the injuries sustained by the person claiming negligence. In simple terms, there must be a legal and actual connection between the injuries and the breach of the duty the driver owed to the person claiming negligence.
Punitive Damages in Distracted Driver Accident Case
Punitive damages are a real possibility in a personal injury case resulting from an accident caused by a distracted automobile driver. Punitive damages represent an additional amount of compensation awarded to an injured person because of the particularly egregious or reckless conduct of a motorist.
A solid example of a case in which punitive damages may be awarded is an incident involving a texting motorist who collides with a pedestrian in a crosswalk. Texting while driving is against the law in jurisdictions across the United States. Driving through a crosswalk when a pedestrian has the right-of-way is negligent. Texting and driving through a crosswalk arguable is particularly reckless, warranting an award of additional money in the form of punitive damages to an injured person.
Retain an Injury Lawyer from The Doan Law Firm
The first step in retaining a capable, experienced personal injury attorney in a distracted driver case is to schedule an initial consultation with a lawyer from The Doan Law Firm. An initial consultation can be scheduled by calling (800) 349-0000. An injured person can call The Doan Law Firm any time of the day or night, 365 days a year.
During an initial consultation, an injury lawyer from The Doan Law firm will provide an evaluation of a distracted driver case. In addition, an injury attorney will answer questions that an injured person may have regarding pursuing a claim or lawsuit against a distracted driver.
A meeting with a lawyer can be scheduled at one of the firm's conveniently located offices. In addition, a lawyer can meet with a potential client at his or her home or even at the hospital, depending on that individual's facts and circumstances. There is no fee charged for an initial consultation with a personal injury lawyer from The Doan Law Firm.