One of the main reasons for traffic accidents is distracted driving, which eventually turns into serious injuries, property damage, and even fatalities. But if you know all the procedures, it will help you successfully go through the legal system if you are in a distracted driving accident and are seeking a lawsuit. The primary process and expectations of a lawsuit related to a distracted driving accident will be explained in today’s blog. Let’s get into the reading!
Facts That Determine Liability
Distracted driving involves activities that divert a driver’s attention from the road due to texting, eating, or adjusting the GPS. In these types of lawsuits, the at-fault party is usually liable for damages that are caused by their irresponsibility. Things that determine liability are:
- When evidence shows, the driver was distracted at the time of the accident.
- Official documentation outlining the cause of the accident with details.
- Statements from witnesses to confirm the other driver’s distracted behavior.
What Are The Steps to Apply In a Distracted Driving Accident Lawsuit?
- The process of a distracted driving accident lawsuit starts with consulting a professional injury attorney who will study your case, collect evidence, and inform you about the legal steps.
- The next step is filing a legal complaint against the culprit, which will outline the accident details, injuries, and the amount of compensation requested.
- During the investigation and discovery phase, both parties exchange evidence, such as photos, videos, and medical records, while depositions are taken from involved parties and witnesses.
- Most lawsuits are settled through talking, in which your lawyer attempts to get just compensation from the other party’s insurance provider. If a settlement cannot be reached, the matter goes to trial, where a judge or jury hears arguments from both parties and renders a verdict.
Compensation One Can Get From A Successful Lawsuit
Once your lawsuit is successfully completed, the compensation involves medical coverups for treatments, surgeries, and rehabilitation, as well as repair or replacement of your car, time missed from work due to injuries, and points out emotional distress.
When Can It Be Complex?
When there is a lack of evidence, like phone records or something, it gets difficult to define the incident. The defense may argue that you were partially at fault with a tendency to reduce the compensation amount. Insurance companies will try several tactics to provide very less payouts by disputing your claims or offering low settlements.
Points To Make The Case Strong From Your Side
Take photos of the accident scene, car damage, and wounds caused by that. Keep documents of your injuries & harm caused by the accident and follow all the treatments prescribed by the doctor.
You have to submit accurate and consistent statements to law enforcement and attorneys. One more thing is that you must avoid social media platforms because sharing any detail about the accident online can misinterpret your statements.
Although filing a lawsuit for a distracted driving accident might be difficult, being familiar with the procedures and collaborating with a highly professional lawyer will help you get out of the situation and get the money you deserve.
If you’re having difficulties following a distracted driving collision, contact & speak with our professional attorney to inquire more about your legal choices and take a step forward toward justice.
