Distracted driving is the most common cause of auto accidents today. It is more common than impairment from drugs or alcohol, moving violations, such as speeding, or lack of experience behind the wheel. Unfortunately, it can be tricky to seek financial restitution from distracted drivers. It is often harder to prove that the driver was not paying attention right before an accident than to prove they had a high blood alcohol concentration or broke a traffic law.
Support from capable legal counsel could be necessary for getting the best possible outcome from any type of auto accident case. Help from a skilled car accident attorney could be essential to recovering fair compensation for distracted driving car accidents in Lowell. Throughout the legal process, the team at The Law Offices of David W. Holub works tirelessly to ensure you receive full compensation for the harm you should never have sustained.
Proving Someone Else Was Distracted Behind the Wheel
When police officers respond to the scene of a traffic collision, most of the time they create an accident report, which notes if they cited anyone involved in the wreck for a traffic offense. This report may be key in an ensuing lawsuit or settlement demand.
Drivers have a duty to be careful when operating their vehicles in Indiana. A driver could get distracted from driving for a number of reasons–listening to the radio, having a conversation or argument, as well as operating a cell phone. With regard to cell phones, Indiana law explicitly prohibits a person from holding or using a cell phone while operating a vehicle, unless it is operated with hands-free technology.
Police officers filling out an accident report may or may not mention distracted driving playing a role in a crash. This means it will fall to you, as the person filing a lawsuit, to prove that the other driver was distracted at the time of the Lowell crash. Our attorneys could help collect, preserve, and present evidence that could go towards establishing distraction, including the other driver’s cell phone records, eyewitness testimony, statements from expert witnesses, traffic or dashboard camera footage, and photos from the crash scene, for your case.
How Could Comparative Fault Affect a Distracted Driving Crash Claim?
We could also provide vital assistance with fighting allegations of comparative fault made against you by the distracted driver or by the insurance company you are trying to negotiate a settlement with. Comparative fault is the degree to which an injured person is at fault for causing or unnecessarily worsening their own injuries through their own misconduct.
Something such as a broken taillight could be a reason for an insurance company to try to deny you some of the money you might otherwise have received. Furthermore, if a judge or jury assigns you a percentage of comparative fault greater than 50 percent, Indiana Code § 34-51-2-6 would make you ineligible to receive any civil compensation for the auto accident in Lowell, even if a distracted driver was still partly to blame.
Call a Lowell Attorney To Get Help After a Distracted Driving Car Accident
Missing evidence and comparative fault are just two of the many legal and procedural obstacles you may run into while filing a lawsuit over distracted driving car accidents in Lowell. Trying to manage this type of complex case without guidance from legal counsel often results in receiving only a fraction of the restitution you need for your damages, or potentially getting paid nothing at all.
Working with a skilled car accident attorney from The Law Offices of David W. Holub could give you access to the legal experience and knowledge you need to achieve a favorable result in or out of court. Contact us today to learn what our team could do for you during a free consultation.