Can I File a Claim If My Accident Was Caused By a Distracted Driver?

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Distracted driving is one of the main causes of road traffic accidents. It is estimated that a driver is seven times more likely to be involved in a crash when they are distracted, representing a considerable concern for all of our safety on the road. Distracted driving is thought to be responsible for the injuries of 1,000 people daily in the United States, and unfortunately this number is on the rise due to the rise of mobile technology and in-car entertainment systems.

Being involved in an accident that results in personal injury and/or vehicle damage can be a stressful event. If you suspect that the other driver may have caused the accident due to a form of distracted driving, the experienced car accident lawyers at Rutter Mills in Virginia are ready to work with you to determine your claim compensation.

What Constitutes Distracted Driving?

The American Automobile Association (AAA) claims that distracted driving is responsible for between 25% and 50% of accidents, but what exactly is it?

By law, distracted driving is driving while carrying out any concurrent activity that may detract from a person’s ability to drive responsibly. These activities generally fall into one of three categories: visual, manual or cognitive. Activities which fall into these categories may be things like eating and drinking, using mobile devices or GPS, managing kids and pets, applying makeup, and talking to people in a vehicle.

Do I Have a Case?

If you have been involved in a crash that occurred through no fault of your own, you may be entitled to compensation for injuries or property damage sustained in the crash. The success of any prospective insurance claim depends on the plaintiff’s ability to prove that the other driver was indeed driving irresponsibly. You should be prepared for insurance companies to fight hard to discredit your evidence in order to avoid a payout so it is important to gather as much evidence as possible in the aftermath of the crash.

Evidence that is commonly used in distracted driving insurance claims includes cell phone records, CCTV footage, eyewitness testimony or half-eaten food in the passenger seat. It is wise to go about collecting evidence as soon as you can in order to strengthen your chances of gaining an insurance settlement or winning a legal case.

Once you have some credible evidence, you should then hire the services of an attorney with experience in distracted driving claims. They will be able to make full use of your evidence to construct a strong case that maximizes your chances of recouping the money that you stand to lose through medical bills, auto repairs, loss of earnings, and other costs associated with the accident. In some cases, a lawyer will also be able to help you obtain extra evidence.

Obtaining the compensation that you deserve is possible if you act quickly and seek legal advice. If you have been hit by a distracted driver, call a reputable attorney today who will be able to guide you through the process from start to finish.




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