Can You File a Claim After a Car Accident Involving Distracted Driving?

Can You File a Claim After a Car Accident Involving Distracted Driving?

Whether they were texting, reaching for something in their backseat, or lost in conversation while their vehicle slammed into yours, a distracted driver puts immediate gratification over others’ safety. The aftermath of a distracted driving accident may leave you grappling with physical pain, emotional upheaval, and mounting bills. You’re likely wondering about your legal options while trying to piece your life back together.

Understanding your rights and the legal process ahead can help you make informed decisions during this challenging time. Speaking with an attorney can provide the answers you seek. Hiring a lawyer may provide even more relief, as your attorney will demand the compensation you deserve. While your car accident attorney resolves your case, you can give your recovery the attention it needs.

What Types of Negligent Behavior Lead to Distracted Driving Accidents?

Distracted driving includes far more than texting behind the wheel, though that remains one of the most dangerous and common forms of driver distraction. The law recognizes three main categories of distraction, each representing a different way drivers fail to focus on the road:

Visual distractions occur when drivers take their eyes off the road ahead. These behaviors create dangerous blind spots in a driver’s awareness, and examples of visual distraction include:

• Texting or reading messages on smartphones or other devices
• Looking at or adjusting navigation systems while driving
• Turning to check on passengers or animals in the vehicle
• Staring at accident scenes or other roadside incidents
• Reading billboards, signs, or other roadside advertisements for extended periods

Manual distractions happen when drivers remove one or more hands from the steering wheel to perform other tasks. Even brief moments of reduced vehicle control can prove catastrophic, and examples of manual distraction include:

• Eating meals or drinking beverages while driving
• Grooming activities like applying makeup or shaving
• Reaching for objects that have fallen or shifted in the vehicle
• Adjusting stereo volume, radio stations, climate controls, or other dashboard features
• Smoking or handling cigarettes and lighters

Cognitive distractions represent the most insidious form because the driver appears to be paying attention while their mind focuses elsewhere. Mental distraction significantly impairs reaction times and decision-making abilities, and examples are:

• Engaging in intense phone conversations, even hands-free calls
• Daydreaming or becoming lost in thought
• Dealing with emotional stress or personal problems while driving
• Listening to engaging podcasts or audiobooks that capture full attention
• Arguing with passengers or becoming involved in heated discussions

Many distracted driving accidents involve combinations of these behaviors, making them particularly devastating and legally compelling cases for injured victims. Any form of distraction can increase the risk of an accident, and when a crash happens, the distracted driver should be held responsible for the consequences of their inattention.

Who Can Pursue Legal Action After a Distracted Driving Accident?

The trauma of a distracted driving accident often extends far beyond the immediate victims, creating ripple effects that impact families, employers, healthcare workers, and entire communities. Generally, the accident victim and their immediate loved ones are most likely to be entitled to compensation, and this group can include:

• The primary accident victim who suffered direct injuries has the strongest claims for compensation. It includes drivers, passengers, pedestrians, motorcycle riders, and cyclists who sustain injury due to another’s distracted driving. For injured riders, working with a motorcycle accident lawyer can be important to securing the compensation they deserve. 
• Family members of deceased victims can pursue wrongful death claims when distracted driving results in fatalities—which, tragically, happens thousands of times per year in the United States.
• Passengers in the distracted driver’s vehicle also have rights, even though they were riding with the at-fault party. This situation often creates emotional complexity, especially when the distracted driver is a friend or family member, but passengers shouldn’t sacrifice their right to compensation due to personal relationships.

Each of these parties should consider hiring a car accident attorney after a crash. Your car accident lawyer will have a simple goal that’s often challenging to fulfill: Getting you the entire sum of compensation you are entitled to.

What Damages Can You Recover in Distracted Driving Cases?

The financial and personal toll of distracted driving accidents often extends far beyond what victims initially realize. We can categorize the common damages inflicted by distracted drivers as follows:

Economic damages that represent the calculable financial losses resulting from your accident. These concrete costs form the foundation of most injury claims and can include:

• Medical expenses
• Rehabilitation costs 
• Lost income 
• Reduced earning capacity 
• Property damage to vehicles, personal belongings, and other damaged items
• Transportation costs for medical appointments, court dates, and other crash-related obligations

Non-economic damages don’t have specific dollar amounts that a layman can recognize easily, but a lawyer can calculate their financial value. These damages often represent the most significant portion of distracted driving settlements and can include:

• Physical pain 
• Emotional distress
• Anxiety
• Depression 
• Loss of enjoyment of life 
• Disfigurement, including scarring (which often affects appearance and self-confidence)
• Loss of consortium represents the impact on relationships with spouses or family members

Punitive damages may apply in cases involving particularly egregious distracted driving behavior. While not available in all states, these damages punish defendants and deter similar future conduct.

Wrongful death damages provide compensation when distracted driving accidents result in fatalities. These cases, which fall under the broader category of what is wrongful death, acknowledge both the economic and emotional losses suffered by surviving family members, which can include:

• Funeral and burial expenses
• Lost financial support that the deceased would have provided
• Loss of guidance and companionship
• Pain and suffering endured by the deceased before death
• Survivors’ pain and suffering, including grief
• Punitive damages in cases involving particularly reckless behavior

The specific damages available in your case depend on state law, the severity of your injuries, and the particular circumstances surrounding your accident. Your attorney will evaluate your damages and fight urgently to secure fair compensation.

How Will Your Attorney Help Throughout Your Case?

The aftermath of a collision with a distracted driver can be overwhelming, as you may be bombarded with unexpected injuries, the insurance claims process, and mounting bills. An experienced attorney will be your advocate and guide through this complex gauntlet, handling numerous critical tasks that will likely include:

Investigating and Building the Foundation of Your Case

Building a strong foundation for your claim requires an urgent, thorough investigation. Your attorney will gather and analyze all available evidence to establish the facts of your case, which may include cell phone records and other electronic evidence that proves distracted driving, witness testimony, accident reconstructions, and statements from those involved in the accident.

This comprehensive investigation ensures no critical evidence is overlooked and provides the strongest possible foundation for your claim.

Negotiating with Insurance Companies (and Neutralizing Bad-Faith Tactics)

Dealing with insurance adjusters requires a discerning eye, and experience (which most accident victims lack) is beneficial. Your attorney will handle all aspects of the claims process, including:

• Handling all communications with insurance companies 
• Calculating the full value of your claim, including future medical expenses and lost earning capacity
• Countering lowball settlement offers with compelling proof of your damages, possibly including expert testimony
• Preparing for trial if insurance companies refuse to offer reasonable settlements

An attorney who is an effective negotiator may be the greatest asset an accident survivor can have. Check out prospective attorneys’ case results when deciding which firm to hire.

Representing You at Trial, Should You and Your Attorney Take the Case to Court

When settlement negotiations fail to produce fair compensation for the distracted driver’s victim, an attorney may advise going to trial. Litigation is a complicated, time-consuming, labor-intensive undertaking, but an effective attorney thrives in court.

Car accident claims and lawsuits require countless phone calls, hours spent strategizing, collaboration with doctors and other experts, and much more. These responsibilities fall squarely within the scope of a personal injury lawyer, so let one lead your case while you focus on what you can control—your rest and recovery.

Insurance claims may be your first avenue for seeking compensation, and you typically file them shortly after your accident. You might

• File a claim with your insurance company for medical payments, collision coverage, and other benefits under your policy.
• Submit a liability claim to the distracted driver’s insurance company seeking compensation for all your damages.
• Work through your attorney to negotiate fair settlements that adequately compensate for your losses.
• Use the threat of litigation to encourage reasonable settlement offers from insurance companies.

Personal injury lawsuits become necessary when insurance claims don’t result in fair compensation. The post-accident legal process can involve:

• Filing formal legal complaints in court that outline your damages and the defendant’s liability.
• Using the court’s discovery process to obtain evidence that insurance companies might otherwise withhold.
• Taking depositions of witnesses, experts, and parties involved in the accident.
• Presenting your case to a jury if settlement negotiations fail to produce acceptable results.

While you will want to know what strategy your attorney is pursuing, leave the fine details and hard work to them.

What Does the Client Do While Their Attorney Fights for a Settlement or Verdict?

When you hire a car accident lawyer to handle your case, your list of case-related responsibilities shrinks considerably:

• Maintain open communication with your legal team throughout the process by informing your attorney immediately of any new developments related to your accident or injuries and promptly answering their calls and other correspondence.
• Trust your doctor’s plan, seek consistent treatment for your injuries, rest, and make your recovery the priority. 
• Preserve evidence and any documentation that illustrates economic or non-economic harm resulting from the accident.
• Avoid discussing your case unnecessarily,  which generally means limiting discussions about the case to one-on-one conversations with your attorney.
• Manage your expectations about timing and outcomes throughout the legal process, trusting that your attorney is doing everything in their power to get a fair financial recovery as soon as possible.
• Take care of your mental health during what can be a lengthy and emotionally draining process, and remember that your decision to hire a lawyer will benefit your psychological and emotional healing process.

Finally, remember you’re not alone because you have an entire legal team. While the road to recovery may be long, taking legal action holds distracted drivers accountable and may help prevent similar tragedies from happening to others.

How Does the Contingency Fee Structure Benefit Accident Victims?

The financial stress of a serious accident can make the prospect of hiring an attorney seem risky. The contingency fee system removes this barrier by allowing injured victims to obtain high-quality legal representation without paying any upfront costs or out-of-pocket legal fees. Here’s how contingency fees work:

• No upfront attorney fees means you don’t pay anything when you hire your lawyer.
• Your lawyer’s payment is directly tied to the case result, which means your lawyer has a direct incentive to secure as much compensation as possible for you—your lawyer will only get paid if they successfully deliver you compensation.
• Your law firm covers all case-related expenses, and they hope to recover the upfront cost by securing a large settlement or verdict for you, the client.

Contingency fees offer several advantages for accident victims, the most important of which may be that you can hire a capable attorney today, even if you are under immense financial stress.

Hire Your Distracted Driving Accident Lawyer as Soon as You Can—Your Financial Recovery May Depend on It

The trauma of being injured by someone who chose to prioritize their phone, food, or other distractions over your safety deserves recognition and compensation. By understanding your rights and working with qualified legal counsel, you can pursue the justice and financial recovery necessary to move forward with your life.

Let your lawyer handle the case. You handle recovery. Find a qualified car accident attorney today and hire them before your case’s filing deadline passes.

\