Are You Entitled To Compensation If A Distracted Driver Injures You?

Are You Entitled To Compensation If A Distracted Driver Injures You?

For many decades, distracted driving has been a major factor in car accident deaths. Distracted driving is on the rise thanks to cell phones and texting. According to the California Office of Traffic Safety, texting or talking on a cellphone is the leading source of distraction for drivers.

These eye-opening facts about distracted driving are provided by the OTS.

  • Eighty percent (80%) of motor vehicle accidents involve driver negligence.
  • Texting drivers take their eyes off of the road for five seconds on average (most car accidents occur with less than three seconds reaction time).
  • Up to 6,000 people die each year in car accidents involving driver distractions.

In its online report, the OTS also outlines other facts regarding distracted driving. California law makes it illegal to use a cell phone as a texting or talking device. Even a hands-free phone can distract drivers, according to studies. 10% of drivers use a mobile phone.

You may be eligible for compensation if you or your loved one sustain a serious injury or a fatal injury as a result of someone else’s distracted driving. 

Negligence

Distracted Driving is classed as a negligent behaviour. Personal Injury claims require you to have been injured in an act of negligence qualifying distracted driving as a valid reason to file a personal injury claim.

You can be compensated for injuries you have sustained through reimbursement of medical bills as well as lost wages and pain and suffering damages.

Additionally negligence laws vary by state. Some states allow you to file a claim if you were partially to blame for the accident while others forbid this. The threshold depends on where you live.

If you feel you have may have a case against a distracted driver we recommend that you speak to an experienced personal injury attorney. They will be best equipped to give you an estimate of the damages you have suffered and provide the appropriate legal support.

Summarized from an article by Trial Lawyers Freeman & Freeman.