Given the prevalence of cell phones in modern society, distracted driving has rapidly become a major safety issue on American roadways. For some, the impulse to check an email or text a friend while behind the wheel may be overwhelming. If motorists take their eyes off the road, the chances of an accident increase.
A moment of distraction can lead to a devastating accident. Drivers that take their attention off the road to answer a text or adjust their music may miss a changing road condition.
If you suffered injuries in an accident with a distracted driver in Roswell, Georgia, you may be entitled to compensation. A Roswell texting while driving accident lawyer can evaluate your case and assist you with your personal injury claim. Contact Bader Scott Injury Lawyers at (404) 888-8888 for a free consultation.
Types of Distractions
There are three categories of behavior that can lead to distracted driving according to the Centers for Disease Control and Prevention (CDC). The types of distraction you should be aware of include:
- Manual distraction: a manual distraction is any factor that causes a motorist to take one or both hands off the steering wheel. This could include reaching for a phone, self-grooming, or adjusting the radio dial.
- Visual distraction: a visual distraction is anything that causes a motorist to take their eyes off the road. This could include answering a text message, reading an email, or turning around to speak with a backseat passenger.
- Cognitive distraction: a cognitive distraction is anything that causes a driver’s focus to wander from the road. Drivers that are not focused on the task of driving are more likely to be involved in a crash. Examples include daydreaming or arguing with a passenger.
A motorist facing all three types of distraction at once is especially dangerous. However, any of these factors along could serve as the basis for a personal injury claim if they lead to an accident.
For a free legal consultation with a texting while driving accidents lawyer serving Roswell, call (404) 888-8888
Consequences of Distracted Driving
The consequences of distracted driving have potentially severe ramifications. According to statistics from the National Highway Traffic Safety Administration (NHTSA), nine percent of all fatal accidents in 2017 were caused by distracted driving. The same NHTSA study went on to show that drivers aged 20 to 29 are the most common offenders, but drivers from every age group often take their eyes off the road.
Distracted driving is widespread and not limited to fatal vehicle accidents. According to a 2018 study in the Journal of Adolescent Health (JAH), 38 percent of high school students admitted to texting while driving at least once, and 16 percent reported to “frequently engaging.”
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The Effect on Injury Claims
Every plaintiff pursuing a personal injury claim following an accident must establish that the at-fault party acted negligently. Evidence that the at-fault driver was distracted at the time the accident can be used to establish negligence at trial.
In general, negligence is any careless, reckless, or wanton act that results in the injury of another person. A plaintiff must establish four elements to demonstrate that another individual acted negligently.
First, a plaintiff must show the at-fault driver in an accident owed them a duty of care. Every motorist owes this duty, so this element is rarely an issue in vehicle accident cases.
The next element requires establishing that the at-fault driver breached their duty of care to the plaintiff. Given texting while driving is illegal, it is strong evidence that a motorist was acting negligently.
The third element is causation. A defendant is only financially responsible for damages that stem from their negligence. Thus, a plaintiff must link any compensation they may be entitled to directly to the actions of the texting driver.
The final element of negligence is damages. A plaintiff can only recover compensation if they suffer measurable injuries or losses in the accident. A Roswell texting while driving accident lawyer can assist you with identifying the compensation you are may be entitled to. For a free evaluation of your injury claim, schedule a consultation with Bader Scott Injury Lawyers by calling (404) 888-8888.
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Potential Damages in a Distracted Driver Claim
The injuries that come with a texting while driving accident may be costly. Medical bills, property damage, and lost wages are some of the losses you might experience. Other common forms of compensation that may be pursued in a texting while driving accident case include:
- Medical bills: hospital bills and the cost of follow-up care can be significant after an accident. A successful injury claim could recover these costs, as well as expenses for medical devices, surgeries, physical therapy, and chiropractic care.
- Pain and suffering: you may be entitled to compensation for your pain and suffering following an accident. This includes the pain that occurs during the crash as well as the recovery process that follows.
- Lost wages: dealing with the expense of a major injury can be difficult for anyone. Financial strain following such an injury may be magnified if you are too hurt to return to work. It is possible to seek compensation for past and future lost wages related to your injury.
- Property damage: in addition to the damage to your body, you may also be entitled to seek compensation for damage to your personal property.
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You may be Entitled to Compensation Following a Texting While Driving Accident
The law does not require you to obtain legal counsel to pursue a personal injury claim. However, it may be in your best interest to consider hiring a lawyer. One mistake made during the course of your claim could cost you the chance to obtain compensation you may be entitled to for your injuries. A Roswell texting while driving accident lawyer can help you with your claim. Contact the Bader Scott Injury Lawyers at (404) 888-8888 for a free consultation. We work on a contingency-fee basis, so you pay no attorney’s fees unless you win your settlement or court case.
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