Auto accidents are frequently the result of someone’s negligence. While it is true certain accidents may have been unavoidable, those who go through stop signs or travel far beyond the posted speed limit are definitely being negligent. As such, they may be held civilly liable for damages or injuries they cause.
Distracted driving might not be as well known as other types of negligent driving, but it is no less dangerous. Anyone injured by a distracted driver may be dealing with heavy medical bills and other financial losses. Parties to an accident should speak with an San Diego personal injury attorney who specializes in these types of cases.
Distracted Driving on the Road
Distracted driving refers to anything that causes a driver to lose his/her attention on the road or the safe operation of a vehicle. Not all forms of distracted driving would be deemed totally negligent on the part of the driver. For example, if the driver of a Jeep cannot concentrate on the road due to a sports car driver’s highly-dangerous conduct, the negligence likely would lie with the latter.
Other forms of distracted driving would obviously be reflective of clear negligence behind the wheel. Talking on a cell phone or texting while driving probably rank among the most well known and the most well publicized.
A driver who texts while driving is not giving 100% attention to the road or to other vehicles or pedestrians. Proper operation of the vehicle becomes compromised. The ability to react to a dangerous change in road condition slows. As a result, an accident that could have been avoided may have occurred.
Various other circumstances may contribute to distracted driving. Allowing a pet to roam free in a car, fumbling with a GPS or radio dial, or conducting in horseplay with a passenger could all yield distracted driving accidents. Sadly, a number of distracted driving accidents could result in a fatality.
Once this occurs, the injured party could explore options for filing a personal injury suit. The injured party may be another driver, a passenger, or a pedestrian. Regardless, those harmed in the accident should speak with an San Diego personal injury lawyer to discuss available options in a personal injury case.
Proving Negligence and Pursuing Damages
When someone suffers an injury in a car accident, a claim against the at-fault party is filed. The insurance investigator would then perform an investigation possibly leading to a settlement offer. Injured parties probably would find it much more beneficial to retain the services of an San Diego personal injury lawyer rather than deal with the insurance company directly.
Insurance companies do not exactly like to make huge payouts. Procuring strong settlements on pain and suffering, lost wages, mental duress, and various punitive damages may require retaining an attorney who understands how to handle such cases. The goal of an experienced attorney centers on acquiring the best possible payout for a client among other things.
Proving negligence on the part of the distracted driver — including detailing how he/she was distracted — is a task best left to a talented attorney. An San Diego personal injury lawyer who creates a compelling presentation of negligence may gain leverage in the settlement process.
The No Insurance Issue
A driver who does not carry insurance or carries too little insurance to cover the damages presents complexities. Since either no insurance policy is present or the insurance fails to be adequate, filing a lawsuit directly against the at-fault driver likely becomes necessary to recover damages.
Speaking directly with an attorney who specializes in distracted driving cases would be beneficial to anyone who suffered injuries in such an accident. The attorney can assess the case and determine the best way to proceed.