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Distracted Driving Accidents

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If you have been injured in a car accident that was not your fault, you may have a case for distracted driving accident lawyers. If, for example, the driver who caused the accident was texting or otherwise using a cell phone at the time of the accident, they may actually be guilty of criminal negligence. Even if they were not intentionally committing a crime, driving while distracted can have very serious consequences and can result in injury and/or fatality.

What Constitutes Distracted Driving?

When you get behind the wheel of an automobile, you are expected to pay attention to the road and your surroundings. By law, this is not a time to multitask, entertain your children, text, or do anything but responsibly drive your vehicle. As such, the following activities committed while behind the wheel can be defined as distracted driving:

  • Texting or using a cell phone
  • Doing makeup or other personal grooming
  • Diverting attention to a GPS
  • Watching videos or movies
  • Changing the music on the car’s stereo
  • Eating and/or drinking

This is, by far, not a complete list, but it will give you a good idea of what kinds of activities can constitute distracted driving. Say, for example, you are driving and you must come to an abrupt stop due to an obstruction in the road. The person behind you is distracted and/or following too closely, and they strike your car from behind. Even in Texas and other states where the law does not automatically favor the person driving the vehicle that was rear-ended, this should be a cut-and-dried case of distracted driving.

Handling Insurance Claims With and Without Representation

If the other driver is determined to be at fault at the scene of the accident, you might think that you should automatically get full compensation for any medical bills, damage to your vehicle, and pain and suffering. This is, unfortunately, not the case when it comes to dealing with insurance companies. They will attempt to pay out as little as possible for your damages, and they may not even agree to cover your medical expenses, let alone pain and suffering.

Calling qualified distracted driving accident lawyers who are familiar with all of the laws that apply to your case will ensure that you get the best chance at receiving compensation. In most cases, when confronted with distracted driving lawyers, insurance companies will back down and negotiate a settlement. If they do not, your case will have to go to court, at which point you will be very glad that you have a legal expert on your side.

When Fault Is Not Declared or Is Declared Against You

If you believe that you can prove fault and that the other driver was distracted and negligent at the time of the accident, but the police officer who wrote the report did not assign fault, you should enlist the aid of distracted driving accident lawyers immediately.

In a case like this, though the other party may have been texting, changing music, eating, or otherwise distracted when they struck your vehicle, you could lose any chance of gaining compensation without proof that you were not at fault but the other person was. In this case, it is imperative that you consult with distracted driving accident lawyers as soon as possible.

Distracted driving accident lawyers know the extent of the law and how it applies to your situation and your accident. They can help you understand whether or not you have a case and the best course of action to take. Get a consultation with a distracted driving accident lawyer today.

 

Sources:

http://www.bandaslawfirm.compersonal-injury/car-accident/

http://www.nolo.com/legal-encyclopedia/cell-phones-driving-california-law-29709.html

http://www.nolo.com/legal-encyclopedia/cell-phones-texting-driving-state-laws-29774.html

http://www.nolo.com/legal-encyclopedia/what-criminal-negligence.html

 

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