Mintz Law Firm
Lakewood Distracted Driving Attorneys
With the constant technological advances and additions to vehicle features, along with phones, passengers, and other distractions, it’s no wonder that drivers get distracted while driving. Distracted driving is a serious safety issue. While many know distracted driving is dangerous, drivers continue to participate in distracted behavior while driving. The split second drivers look away can turn their day and another driver’s day completely upside down.
When a distracted driver is the cause of an accident that leads to serious injuries, you are entitled to seek compensation by pursuing a personal injury claim. At Mintz Law Firm, our Lakewood distracted driving attorneys can review the details of the accident and determine your legal options for pursuing financial recovery. Our firm is proud to help injured accident victims find the justice they deserve.
What Is Considered Distracted Driving?
Distracted driving is any activity that diverts the driver’s attention from driving. There are three basic forms of distraction:
- Manual distraction: Drivers taking their hands off the steering wheel
- Visual distraction: Drivers taking their eyes off the road
- Cognitive distraction: Engaging in an activity that takes their mind off the task of driving
Some distractions (such as texting) involve an overlap of all three types of distractions and are extremely dangerous. Examples of common driver distractions include:
- Using a cell phone
- Eating or drinking
- Talking to passengers
- Turning on the radio
- Using voice-activated features
- Navigation systems
- Looking at billboards
- Using social media
- Grooming or putting on makeup
- Attending to a child or pet
It’s common for drivers who cause an accident to avoid admitting they were distracted when the accident occurred. For this reason, it’s important to have an experienced Lakewood distracted driving attorney at your side who also knows how to prove the other driver’s liability.
How to Prove the Other Driver Was Distracted
A successful personal injury case against a distracted driver depends on you or, preferably, your attorney’s ability to prove negligence. Establishing liability requires establishing these four elements of negligence:
Duty of Care
All drivers on the road automatically owe others around them a duty of care. Drivers are responsible for adhering to traffic laws and driving in a safe manner to prevent causing harm. Proving that the other driver owed you a duty of care is usually established by proving that they were behind the wheel at the time of the accident.
Breach of Duty
When a driver is distracted, they’re breaching their duty of care because they’re no longer exercising reasonable care. Whether the driver was looking back at their child or talking on their phone, the moment they took their attention off the road, they violated their legal duty of care. It can be challenging to prove distracted driving as the cause of an accident, which is why the assistance of a Lakewood distracted driving attorney can be incredibly beneficial. They can help obtain the following evidence:
- Statement from the other driver
- Witness testimony
- Cell phone records
- Photographs of the accident scene
- Video surveillance footage
- Expert testimony
Attorneys have the skills and resources necessary to compile evidence and present it in a way that proves the other driver is responsible and liable for damages.
As reckless and dangerous as distracted driving is, the other driver’s breach of duty isn’t enough to obtain compensation. The evidence must demonstrate that it’s more likely than not that the other driver’s actions were the cause of your injuries. Obtaining fair compensation requires proving that there is a link between the other driver’s breach of duty and the harm you suffered.
Victims of distracted drivers can experience financial and emotional devastation as a result of the accident, making it extremely difficult to recover. This is why the legal system allows them to seek compensation through a personal injury claim from the distracted driver. Depending on the circumstance of your accident, you may be able to recover the following compensation:
- Present and future medical costs
- Rehabilitation services
- Pain and suffering
- Emotional trauma
- Lost wages or future wage-earning capacity
- Cost of repairing or replacing your vehicle
- Property damage
In some distracted driving cases, victims may be able to recover punitive damages. Punitive damages aim to punish the person who acted in an intentional, reckless, or willful and wanton manner. For instance, you may be able to recover punitive damages if the driver is proven to have been using their cell phone at the time of the accident, which is something the driver knew was dangerous and reckless. Punitive damages are awarded on top of compensatory damages.
How Can a Distracted Driving Accident Attorney Help?
Being seriously injured by a driver who was distracted at the time of the accident can be an incredibly frustrating situation, especially if you feel uncertain of how you can prove that the other driver was indeed distracted.
Fortunately, Lakewood distracted driving attorneys themselves carefully and thoroughly investigate the details of an accident. They can determine whether the driver who caused the accident was on the phone or sending texts at the time of the accident. They can also identify all contributing factors to the distracted driving accident and determine who needs to be held accountable.
Contact Our Lakewood Distracted Driving Accident Attorneys Today
The aftermath of an accident can be just as scary and challenging as the accident itself. At Mintz Law Firm, our Lakewood distracted driving attorneys are prepared to help you navigate the process and stand up for your rights regardless of who the liable party is. The attorneys at Mintz Law Firm are proven negotiators and have successfully settled and litigated many personal injury claims.
Our team fights to secure the best possible results for our clients, ensuring that insurance adjusters aren’t taking advantage of them during such a challenging time in their lives. Contact us to learn more about how our Lakewood distracted driving lawyers can help through our online contact form or by calling (303) 462-2999.