If you or somebody you care about has been injured or sustained property damage in a car accident caused by a distracted driver, you should be able to recover compensation for your losses. However, recovering compensation in these situations can be challenging. Actually proving that the other driver was distracted can be a complicated process. Here, we want to discuss whether you can file a lawsuit against another driver for distracted driving.
Distracted Driving Leads to Roadway Chaos
According to the Centers for Disease Control and Prevention (CDC), around nine people in the US lose their lives each day as a result of distracted driving. The CDC also says that when traveling at 55 mph, sending or receiving a text message is like driving the length of an entire football field with your eyes closed. There is simply too much room for error when it comes to distracted driving, yet so many people get distracted easily behind the wheel.
During the latest reporting year, more than 424,000 individuals were injured as a result of distracted driving in this country. There are various ways that distractions occur, including:
- Eating or drinking behind the wheel
- Fiddling with the radio or GPS
- Reaching for items in other seats
- Talking to others inside the vehicle
- Applying makeup or looking in the mirror
- Talking on a cell phone
- Browsing social media or emails
- Sending or receiving text messages
- Taking pictures or videos with a mobile device
Anything that takes a person’s eyes off the road, hands off of the steering wheel, or mind off of driving is a distraction. Unfortunately, distracted driving crashes often lead to severe injuries and extensive property damage. In the event you or somebody you care about has been injured due to the actions of a distracted driver, it may be possible to recover compensation through an insurance settlement or a personal injury lawsuit.
Working With an Attorney Immediately
We strongly encourage you to contact a skilled Newport Beach car accident lawyer as soon as possible. When you work with a skilled attorney, you will have an advocate by your side who can conduct a complete investigation into the incident, obtain evidence to prove distracted driving, and work diligently to recover full compensation for your losses. This includes coverage of medical expenses, lost income, out-of-pocket expenses, pain and suffering damages, and more.
In many circumstances, distracted driving crash victims will be able to recover compensation from the at-fault driver’s insurance carrier. In these cases, it may not be necessary to file a personal injury lawsuit against the other driver. However, a lawsuit may become necessary if the insurance carrier refuses to offer a fair settlement or if they deny the claim altogether. When that happens, suing the driver may be your only option.
We strongly encourage you to work with your attorney as soon as possible after a distracted driving accident. In California, the personal injury statute of limitations is two years from the date an injury occurs. Failing to file a lawsuit against a distracted driver within this two-year timeframe will likely result in the case being dismissed and the victim becoming unable to recover compensation for their losses.