Distracted driving has become one of the leading causes of accidents in Louisville and across the country. When a driver takes their eyes off the road, even for a moment, it can lead to severe injuries, property damage, and sometimes death. If you’ve been involved in an accident caused by a distracted driver, you may be entitled to compensation for your losses.
At Thomas Law Offices, we have seen the devastating effects that these accidents can have on the lives of victims and their families. Working with a Louisville distracted driving accident lawyer can help you make sure you receive the compensation you deserve. Find out how we can help you with a free consultation.
Distracted Driving Practices in Louisville
Distracted driving happens when a driver engages in any activity that diverts their attention from the road. Some of the most common distractions include:
- Texting or using a smartphone
- Eating or drinking while driving
- Adjusting the radio, GPS, or other devices
- Talking to passengers
- Personal grooming, such as shaving or applying makeup
Any of these distractions reduce a driver’s reaction time and awareness. In turn, that can increase their chances of being involved in a serious accident.
Driving requires full attention and coordination of the senses. According to the National Highway Traffic Safety Administration (NHTSA), over 3,000 people are killed every year in the U.S. due to distracted driving.
Taking your eyes off the road for even a few seconds can mean the difference between life and death. If you are not focused, that leaves little time for evasive action in an emergency.
What Are Common Injuries in Distracted Driving Crashes?
Accidents caused by distracted driving can lead to severe and often life-altering injuries. These can include:
- Concussions and traumatic brain injuries
- Whiplash and spinal cord damage
- Fractures in the arms, legs, or ribs
- Lacerations and burns
- Damage to organs
- Internal bleeding
Unfortunately, these accidents result in fatalities. If you have lost a loved one or have been injured due to the reckless actions of a distracted driver, you may be able to file a wrongful death case or a personal injury claim. Reach out to a Louisville distracted driving lawyer for more information about your options.
Proving Distracted Driving
Negligence plays a role in determining liability in distracted driving accident cases. When a person fails to exercise the level of care that a reasonable person would under similar circumstances, leading to harm or injury to another, that is negligent behavior. In these cases, proving that the at-fault driver acted negligently is essential to securing compensation for the injured party.
In these cases, the four elements of negligence must be proven:
- Duty of care: All drivers have a duty of care to operate their vehicles safely and responsibly. By doing so, they ensure the safety of others on the road, including pedestrians, cyclists, and other drivers. Drivers can do this by following traffic laws, paying attention to the road, and avoiding distractions while driving.
- Breach of duty: A breach of duty occurs when the driver fails to uphold their responsibility. Texting, eating, or adjusting the radio while driving is a breach of duty. This is the foundation of a negligence claim in distracted driving cases.
- Causation: The driver’s breach of duty directly caused the accident and resulted in your injuries or damages. Whether texting, talking to passengers, or using a GPS, your legal team needs to show that the driver’s distraction is a factor in causing the crash.
- Damages: Finally, you must show that you suffered actual damages from the accident. Medical bills, lost wages, pain and suffering, and property damage are a few examples of damages in these cases. Without damages, you will not have a valid claim even if the driver was negligent.
Proving that a driver was distracted during an accident can be challenging. A skilled Louisville distracted driving accident lawyer will thoroughly investigate the crash to gather evidence.
Some of the ways to prove a driver was distracted include:
- Cell phone records to show texting or phone use at the time of the crash
- Eyewitness statements from other drivers or pedestrians who saw the driver engaging in distracting behavior
- Surveillance footage from nearby traffic or security cameras
- Social media activity that may indicate the driver was posting or browsing while driving
- Police reports noting any distractions or driver statements at the scene of the accident
Your attorney can help build a strong compensation case by gathering and presenting this evidence.
Compensation You May Be Entitled To
If you’ve been injured in a distracted driving accident, you may be entitled to compensation for your damages. These include:
- Medical expenses: You can recover compensation for all past, current, and future medical costs related to your injuries. This includes hospital bills, surgeries, physical therapy, medications, and continuous treatment.
- Lost wages: If your injuries prevented you from working, you can claim lost income for the time away from your job. If your injuries affect your ability to work in the future, you may recover damages for diminished earning capacity.
- Pain and suffering: These damages compensate you for the physical and emotional distress caused by the accident, such as chronic pain, anxiety, depression, and loss of enjoyment in life.
- Property damage: You can seek compensation for damage to your vehicle or other property involved in the accident.
In the unfortunate case where a distracted driver incident led to the loss of a loved one, you may be able to file a wrongful death claim. With that, you can recover damages related to the burial and funeral expenses, lost income, and loss of a relationship with your loved one.
Sometimes, punitive damages may be awarded if the distracted driver acted with extreme negligence or recklessness. However, these cases are very rare.
Why You Need a Louisville Distracted Driving Accident Lawyer
Filing a claim after a distracted driving accident can be complicated. Insurance companies may try to downplay the severity of your injuries or offer a low settlement that cannot fully cover your losses. A knowledgeable Louisville distracted driving accident lawyer can help in several ways.
They will:
- Investigate the accident to gather evidence of the driver’s negligence
- Negotiate with insurance companies to ensure you receive fair compensation
- File the necessary paperwork and handle legal procedures on your behalf
- Represent you in court if a fair settlement cannot be reached
At Thomas Law Offices, we will fight to protect your rights and make sure that you are fairly compensated for the injuries and losses you’ve suffered.
Contact a Louisville Distracted Driving Accident Lawyer Today
If you or a loved one has been injured in a distracted driving crash, you don’t have to take on the insurance companies and their legal team alone. At Thomas Law Offices, we are here to help during these stressful and challenging times.
Now is the time to reach out to our skilled Louisville distracted driving accident lawyer to discuss your case and explore your legal options. We are ready to help you collect the compensation you deserve. Contact our office for a free initial consultation.
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