Distracted driving is a term that covers a wide range of activities that drivers engage in while driving, such as texting, putting on makeup, eating, changing the radio station and setting up a GPS system. It is estimated that more than 3,000 people were killed and another 424,000 were injured in 2013 alone from distracted driving incidents. If you have been the victim of one of these distracted drivers, you may be able to file a lawsuit to recover the costs of your medical expenses and other accident-related costs. Here are a few options to discuss with your car accident attorney.
Any company that requires its drivers to check in throughout the day, record information or perform tasks in any other way while on the road could be contributing to the negligence of its drivers. If you are involved in an auto accident with a professional driver who has been on a cellphone, computer or other device, you may have grounds to sue his employer for damages. Your car accident attorney can help you to determine the best angle to fight your case.
Texting While Driving
If the other driver involved in your accident was found to be texting while driving, you may be entitled to additional compensation. Texting and driving is illegal in many areas, and your civil judge could consider evidence of this behavior as negligence that led to the accident. Your car or motorcycle accident attorney can move to request the driver's phone records to help prove the case for negligence. Remember that if you were also using your phone to text, that information could be used to prove your contributory negligence, meaning that your actions also led to the accident. If you are found to have contributed to the cause of the accident, you may not be entitled to compensation.
Social Media And Driving
Posting to social media accounts while driving is just as dangerous as other forms of distracted driving. In cases where a driver posted a picture or status update immediately before a crash, it may be easier to prove the driver's negligence. The proof of distracted driving exists on the Internet where it can be easily found by law enforcement and your attorney. Even if there is not a law specifically outlawing the use of social media while driving, you may be able to seek compensation due to the driver's negligence.
Talk to a car accident attorney like Cok Kinzler PLLP as soon as possible after your accident to begin building your case against a distracted driver. No matter what the circumstances of the case may be, your attorney can answer questions and help you to get the compensation that is rightfully yours.