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Home » Articles » How Distracted Driving Can Impact a Personal Injury Claim

How Distracted Driving Can Impact a Personal Injury Claim

How Distracted Driving Can Impact a Personal Injury Claim

Imagine yourself driving down the road, the wind in your hair, and your favorite music on the stereo. Everything appears to be perfect, right? But wait, there’s something very important you may not be aware of. Even a small text message or an urgent phone call while driving may quickly flip someone’s world upside down.

That text message or your urgent phone call might turn into a major issue. You may become distracted, which means you are no longer paying complete attention to the road. This risky behavior, known as distracted driving, can have adverse consequences.

When someone is driving while distracted, it can lead to consequences. They might end up hitting someone, causing harm to the breadwinner of a family or even worse, shattering the happiness of a family in an instant.

If we examine injury lawsuits, we can clearly observe the devastating impact of distracted driving. In cases, the affected individual has every right to seek compensation by suing the driver for their damages. Chicago auto accident lawyer can help determine a course of action that will obtain them a proper financial settlement.

However, the success of their claim largely depends on whether or not it can be proven that the driver was genuinely distracted at the time of the accident.

Let’s check out what causes distracted driving and how it impacts personal injury claims.

Causes of Distracted Driving

Driving on the road requires our undivided attention to the road. However, in today’s fast-paced world, when distractions are almost everywhere, it sometimes diverts people’s attention away from the road while driving, which results in major accidents and, in some cases, death. Let us look into it further by looking into the reasons for distracted driving.

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The Phantom of Mobile Devices

The Tempting Text Message: It’s difficult to resist our phones’ siren calls. Texting while driving is the most distracting, taking our attention away from the road.

The Allure of Calls: Both incoming and outgoing calls may be fascinating. Answering or making phone calls takes our focus away from the activity at hand.

The Dangers of Notifications: Beeping alerts and messages cause us to take a quick peek at our devices, pulling our attention away from the road.

In-Car Distractions

Fast snacks and meals may appear handy, but they can convert our car into an on-the-go eating table. If you are trying to manage many things while driving, such as changing the radio, GPS, or even grooming, divides your focus. 

External Distractions

Eye-catching ads and beautiful surroundings can attract us, but it will make it difficult to maintain our focus on the road. Sometimes few unexpected incidents on the road of other drivers might divert our attention away from our own driving.

How Distracted Driving Can Affect a Personal Injury Claim

Let’s look more closely at how distracted driving may have a major impact on a personal injury claim. Imagine the following scenario: you are driving, following all traffic laws, and remaining cautious. Suddenly, you’re hit from behind by another vehicle who is texting on their phone. Their attention not only causes the accident, but it also causes you pain. Many important factors come into play in this case, and they can have an important effect on your personal injury claim.

Negligence and Liability

Driving while distracted is simply a type of carelessness. In law, negligence involves failing to exercise the amount of care and duty that a reasonable person would under similar conditions.  This carelessness might be used to show that they are responsible for your injuries. To win a personal injury claim, you must show that the driver’s distraction was a key factor in the crash.

The Weight of Evidence

The way you present your evidence is essential for the success of a personal injury claim. If you have strong proof that the driver was distracted at the time of the accident and is responsible for the accident, you can sue him for damages. However, proof can take many different shapes, such as:

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Witness Statements: Eyewitness accounts from those who saw the accident can be very helpful in proving your case. They may speak about distracted driving and the events leading up to the tragedy.

Visual Documentation: Photographs of the accident site, car damage, and any obvious injuries can provide a visual record of what occurred. They may help to show the seriousness of the accident and the role of distracted driving in the event.

Phone Records: It is critical to obtain records of the distracted driver’s phone use at the time of the accident. It can prove your claims that their distraction had a role.

Dealing with Insurance Companies

Insurance firms are usually engaged after an accident. While their purpose is to offer compensation, they may try to reduce the amount they pay out, especially if they consider you were a bit to blame. However, if you can produce strong proof that the distracted driver was the main cause of the accident, you will be in a stronger position to negotiate a reasonable settlement with the insurance company.

Calculating Compensation

When someone is injured in an accident that was not their fault, they often need cash support to recover and deal with what happened. This sum of cash is known as compensation, and it is used for covering a number of costs, such as:

Paying for Doctor Visits: If you are injured, you may need to see a doctor or perhaps have surgery to recover. Compensation helps pay for these medical expenses.

Making Up for Missed School or Work: Injuries from an accident can sometimes be so severe that you are unable to attend school or you are unable to work. Compensation is like receiving the money you would have earned if you had been able to attend school or work during that period.

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Helping with Emotional Pain: Accidents can be quite frightening. They often leave you feeling a mix of emotions, like sadness, fear, or anxiety. It’s similar to the lingering unease you experience after watching a movie that stays with you. In some situations, compensation can provide some relief by covering your expenses during therapy.

Final Thoughts

This distracted driving is like trying to juggle too many things at once. When you’re not fully focused on the road, accidents can happen, and they can hurt people. That’s where something called a personal injury claim comes in. It’s like saying, “Hey, this wasn’t my fault, and I need help to make things right.”

To win this claim, you need to prove that the distracted driver was a big part of the problem. You gather evidence, like people who saw what happened, photos of the crash, or records that prove the driver was not focused or distracted.

In the end, remember: that distracted driving is a big problem, but with the right evidence, you can make things right through a personal injury claim. 

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