Traffic accidents are devastating events that can change people’s lives in an instant and can be caused by different reasons. One that has gained great attention in recent years is distracted driving, as it has become a common cause of collisions on major highways.
When it comes to this type of accident, determining who is responsible for the incident is essential to seek fair compensation for the injuries suffered. That’s why in this article, we will tell you how you can prove the fault of the other driver and obtain adequate compensation when it comes to a car accident caused by distracted driving.
If you were the victim of a car accident, and you believe that the incident was caused by a distracted driver, our lawyers at Nonna Shikh Law are ready to help you throughout the legal process you need to follow, to demonstrate the responsibility of the other driver and obtain the benefits you deserve.
Call today at 718-295-4000 or schedule a consultation so that you can receive the personalized attention of our top-level lawyers, who will fight by your side to ensure compliance with your rights as a victim.
Also, check out: The most common types of injuries in traffic accidents and how to treat them
When can a car accident be caused by distracted driving?
A car accident can be caused by distracted driving in various circumstances. One of the main causes is the use of mobile phones while driving. Texting, talking on the phone, or using applications on the phone are activities that distract the driver from the road, significantly increasing the risk of collision.
Another common situation is distraction caused by activities inside the vehicle, such as manipulating electronic devices, eating and drinking while driving, adjusting GPS settings, changing music, etc. Each of these activities requires the driver to take their hands off the wheel and divert their attention from the road, which can result in an accident.
How to prove the responsibility of the other driver and obtain fair compensation?
To receive full compensation that helps you recover the expenses of your injuries, it is important to prove the fault of the other driver in the accident when they acted distractedly, causing the accident.
Proving the responsibility of the other driver and obtaining fair compensation for a car accident caused by distracted driving may involve the following steps:
Step 1: Collect evidence
It is essential to collect all available evidence to support your claim. This may include photographs or videos of the accident scene, eyewitness testimonies, police reports, phone records, or vehicle activity records of the other driver, among others.
Step 2: Obtain phone records
If you suspect that the other driver was using their mobile phone at the time of the accident, you can request their phone records. These records may show calls made or messages sent during the relevant period and support the claim of distracted driving.
Step 3: Obtain legal advice
Consulting with a lawyer specialized in car accidents and personal injuries is crucial to understand your rights and legal options. A lawyer experienced in these types of cases can help you gather solid evidence, assess the responsibility of the other driver, and guide the compensation-seeking process.
Step 4: Obtain expert reports
You can request the opinion of experts in accident reconstruction or road accident investigators to analyze the circumstances of the accident and determine if distracted driving was a contributing factor.
Step 5: Document injuries and damages
Keeping a detailed record of your injuries, medical expenses, vehicle damage, and any other loss or harm suffered is essential. This includes keeping copies of medical bills, healthcare reports, vehicle repair estimates, and records of lost wages due to inability to work.
Step 6: Negotiation or litigation
With all evidence and documentation collected, your lawyer can initiate the negotiation process with the other driver’s insurance company. If a fair agreement is not reached, it may be necessary to file a lawsuit and take the case to court to obtain fair compensation through a trial.
At Shikh Law, we fight for the compensation you deserve
Car accidents caused by distracted driving can have devastating consequences for victims. However, having the right evidence and seeking expert legal representation can make a difference in proving the other driver’s responsibility and obtaining fair compensation for your injuries and losses.
At Nonna Shikh Law, we are aware of the challenges faced by car accident victims and are committed to providing you with the necessary support to obtain the justice you deserve. Our team of accident attorneys in New York is ready to assist you in every step of the legal process, from gathering solid evidence to negotiating with insurance companies or representing you in court.
Call now at 718-295-4000 or schedule a consultation. Your financial recovery and well-being are our priority. Together, we will work hard to protect your rights and seek the fair compensation you deserve.
You may also be interested in: The rights and duties of drivers and pedestrians in cases of traffic accidents.
FAQs
What types of evidence are important to prove that the other driver was distracted at the time of the accident?
To prove that the other driver was distracted at the time of the accident, it is crucial to gather solid evidence. Some important types of evidence may include phone records showing calls or messages at the time of the accident, eyewitness testimonies that observed distracted behavior, images or videos of the accident scene that may reveal distraction, and any additional evidence that supports the claim that the driver’s attention was diverted from the task of driving safely.
This evidence is fundamental to establish the other driver’s responsibility and seek fair compensation for injuries and damages suffered.
What types of damages and losses can I claim in a distracted driving accident case?
In a distracted driving accident case, some of the damages and losses you can claim include:
- Medical and rehabilitation expenses.
- Vehicle damage and repair.
- Lost wages due to inability to work.
- Physical and emotional pain and suffering.
- Loss of enjoyment of life.
- Future expenses related to the injury, such as long-term therapy or ongoing medical care.
These are just some examples of the types of damages and losses that may be considered in a distracted driving accident case. Keep in mind that depending on the assessment of your case and its characteristics, there may be other expenses that could further increase your compensation.
How long do I have to file a lawsuit for a distracted driving accident?
In New York City, the time limit to file a lawsuit for a distracted driving accident is generally three years from the date of the accident. However, it is important to note that legal deadlines may vary depending on the circumstances of the case and the specific jurisdiction.
In any case, it is best to have the proper support of a good team of accident attorneys who defend your rights as a victim. Call 718-295-4000 and receive personalized attention from our top-notch attorneys at Nonna Shikh Law.
The team of writers of Nonna Shikh is made up of a group of lawyers specialized in personal injury, traffic, construction and slip and fall cases. Each member of the team has extensive experience in their area of specialization and is committed to providing the best defense and compensation to their clients in New York City.