How To File A Claim For Distracted Driving

While it is easy to text or chat on the phone while driving, it becomes hard to fathom the risk such actions pose to the driver and others’ safety. Almost all states have distracted driving laws where they prohibit the use of cell phones and other devices. California is not an exception. When a person has caused an accident, they become liable for any injury or damage thereof.

Types Of Distracted Driving

Distracted driving is when a driver gets to multitask when driving. But, any activity that makes a driver take their hands off the wheel could result in multitasking and could lead to an accident. Due to the common occurrence of distracted driving resulting in accidents, it demands one to be aware of how to deal with the law in terms of liability. If you have been involved in a car accident caused by distracted driving, either because the other driver used a cell phone or operated a GPS manually, you need to have the best Bakersfield car accident attorney handle your case. In California, drivers are restricted from using cell phones and any other thing the driver could hold and operate while driving. Meaning, if a driver was trying to navigate their GPS but ended causing collisions, they could be liable for damages. There are three many types of distracted driving:

Visual where a driver keeps their eyes of the road
The mind drifting away from driving
Taking your hands off the steering wheel

While drivers of all ages get involved in distracted driving, studies shows that the teens are most prone to car accidents caused by phones while driving. Statistics show that about 1 in 5 of those who die in accidents involve distracted driver’s actions. In most cases, if someone has injured you through distracted driving, the defendant is always trying to argue they were not in the wrong or you were also to blame. While there is a ban on using cellphones or GPS, there are some exceptions. For instance, if a person was using a phone on their own property, or this was due to an emergency, they may be allowed to do so. Also, exceptions apply when it comes to using a GPS. For instance, a driver can use their hand to activate or deactivate a GPS, but this is only if they just tap the sensor. Again, one is also exempt by the law when using a hands-free device. Thus, one may find it extremely difficult to try to bring up a claim in such situations. It requires one to have an experienced lawyer to understand what to do to get justice if they suffer injuries in such a situation.

Filing A Claim

If a distracted driver caused you an accident, then the police report will indicate what the cause of the accident was. When an accident happens, it’s always vital to call the law enforcement officer on the scene to prepare a report and record the reasons for the accident. That way, you secure your claim as the police have to obtain a record indicating that the defendant was using a cell phone or operated their GPS manually while driving. This will be used to prove negligence in court. To provide evidence, your lawyer may request to review the footage of the traffic cameras.

For you to file a successful claim, you will need to produce all the relevant evidence. Your lawyer will guide you to:

Show how the accident happened.
Show your medical records. In this case, you need to prove that the accident caused your injuries by having the proper medical records from an experienced doctor who has dealt or deals with car accident injuries. That’s why it’s always important to seek proper medical attention immediately after an accident. It’s the only way you can prove to the insurance adjuster that you suffered.
Get witnesses. You should only have credible witnesses to give testimony of what happened. Witness credibility can make or break your claim.
Show damages suffered. The location of damage may also play a role when determining liability.

An experienced lawyer is better positioned to establish fault even in tough distracted driving situations. That’s why you should retain one to ensure you receive what you deserve for injuries or damages suffered. There are so many factors that could affect your case. Understanding what to be applied would help you file a successful case.

Contact A Lawyer

Have you been a victim of distracted driving and have suffered injuries? It would be a good idea to talk to an experienced car accident lawyer. If your case is successful, you can be assured of receiving special and general damages. In some cases, you may also be entitled to punitive damages. Your lawyer can give more information about distracted driving and how to establish liability.