In the fast-paced world we live in, many drivers find themselves multitasking behind the wheel. Using mobile phones, eating, or engaging in conversations can lead to distractions that dramatically increase the risk of accidents. If you or a loved one has been involved in an accident due to distracted driving, seeking the assistance of our personal injury law firm is crucial.

A distracted driving accident lawyer from Flexner Houser Injury law understands the nuances of such cases and can help navigate the legal system to ensure victims receive the compensation they deserve. Our legal experts gather evidence, such as phone records and witness statements, to build a strong case against the at-fault driver.

Our experience in similar cases allows them to negotiate effectively with insurance companies and represent the best interests of their clients in court if necessary. By employing a knowledgeable attorney, car accident victims can focus on recovery while their legal matters are handled competently.

Driver using cellphone while driving being disrracted from traffic

Understanding Distracted Driving

Distracted driving refers to activities that divert attention from driving, increasing the risk of accidents. This section covers its definitions, common causes of accidents, and relevant statistics.

Definition and Common Causes

Distracted driving is when a driver engages in activities that divert their attention from the road. Common causes include:

  • Texting or calling: Using a mobile phone for texts or calls.
  • Eating and drinking: Consuming food or beverages.
  • Adjusting controls: Changing the radio or climate settings.
  • Talking to passengers: Conversing with others in the vehicle.
  • Grooming: Applying makeup or grooming.

Authorities recognize three main types of distraction:

  • Visual: Taking eyes off the road.
  • Manual: Taking hands off the wheel.
  • Cognitive: Taking mind off driving.

Distracted Driving Statistics

Numerous studies highlight the impact of distracted driving on road safety. According to the CDC, over 2,800 people were killed and about 400,000 were injured in crashes involving a distracted driver in the U.S. in 2018.

The NHTSA reports that texting while driving is six times more likely to cause an accident than driving drunk.

Teen drivers, in particular, are more susceptible to engaging in distracting activities while driving.

In a survey, approximately 27% of adults admitted to checking their phone while driving. These statistics underscore the severe risks associated with distracted driving and emphasize the need for increased awareness and preventative measures.

Legal Framework

Distracted driving is a serious issue with significant implications. Understanding liability and the relevant laws is crucial for anyone involved in such incidents.

Liability in Distracted Driving Cases

In distracted driving cases, determining liability is essential. Liability typically falls on the driver who was distracted during the incident. Evidence such as phone records, eyewitness testimony, and traffic camera footage may be used.

Negligence is often cited in these cases. The distracted driver failed to exercise reasonable care, leading to an accident. Consequently, they may be held responsible for damages, medical bills, and other costs.

Comparative negligence might apply. This means that if multiple parties share fault, each party’s liability is proportional to their level of fault.

State and Federal Distracted Driving Laws

Distracted driving laws vary across states, creating a diverse legal landscape. Federal laws also address distracted driving, particularly for commercial drivers.

Many states prohibit texting while driving. In North Carolina, several laws address distracted driving:

Texting While Driving: It is illegal to text while driving. Violating this law can result in a fine of $100 plus court fees.

Using a Mobile Phone: Drivers aged 18 and older can talk on a phone while driving a private vehicle. However, no driver is allowed to use a mobile phone for texting or emailing while driving.

Special Restrictions: School bus drivers and drivers under 18 are prohibited from using mobile phones while driving.

These laws aim to reduce distractions and improve road safety in North Carolina.

Federal regulations restrict commercial drivers. They are prohibited from using handheld devices entirely. Violations can result in severe penalties, including fines and disqualification from commercial driving.

Understanding the specific laws in each jurisdiction is crucial. Legal professionals must navigate both state and federal regulations to build a strong case.

The Role of a Distracted Driving Accident Lawyer

Hiring a distracted driving accident lawyer is crucial for navigating the complexities of filing a claim and seeking compensation. From collecting evidence to negotiating with insurance companies, their expertise can significantly impact the outcome of your case.

Advantages of Legal Representation

A lawyer from Flexner Houser Injury La will help gather and analyze evidence, such as phone records, eyewitness testimonies, and surveillance footage. We ensure that all documentation is accurate and submitted on time.

We also negotiate with insurance companies to maximize settlement offers and avoid lowball payments. Additionally, a distracted driving accident attorney can represent you in court if a fair settlement is not reached, presenting the strongest possible case on your behalf.

Hiring a lawyer can also reduce stress. Our distracted driving accident law firm handles communication with all parties involved, allowing you to focus on recovery. Our knowledge of local laws and regulations ensures your case complies with all legal requirements.

The Claims Process

Filing a claim begins with consultation, where the lawyer assesses your case and advises on the best course of action. We will then gather evidence, including accident reports, medical records, and any proof of distracted driving.

Next, the lawyer files a claim with the insurance company. A lawyer for distracted driving accidents will manage all communication and paperwork, ensuring deadlines are met and all necessary documents are included.

Settlement negotiations follow. If a fair settlement is not reached, the lawyer prepares for litigation, representing your interests in court. We guide you every step of the way, from filing the claim to the final resolution, making the process as seamless as possible.

Photo of Distracted Driver

Flexner Houser’s Legal Strategies

Flexner Houser employs unique strategies tailored to each distracted driving case and prioritizes a client-first philosophy, ensuring personalized attention and robust representation.

Tailored Approaches in Distracted Driving Cases

Flexner Houser’s Approach to distracted driving cases involves an in-depth analysis of each incident. We meticulously gather evidence such as cellphone records, eyewitness testimonies, and traffic camera footage. This comprehensive approach helps build a solid case by pinpointing negligence.

Unique strategies for distracted driving cases include using advanced forensic technology. Flexner Houser sometimes collaborates with accident reconstruction experts to recreate the scene accurately. This can be crucial in illustrating the specifics of the accident in court.

We also carefully evaluate the client’s medical records to link their injuries directly to the accident. This helps in securing fair compensation.

Client-Centric Philosophies

Flexner Houser’s client-first philosophy ensures that each client receives personalized attention. They maintain open lines of communication, keeping clients informed at each stage of their case.

Our firm prioritizes transparency by explaining legal jargon in simple terms, allowing clients to make informed decisions. Our compassionate approach aims to reduce the emotional stress clients may experience.

We work on a contingency basis to ensure that financial constraints do not hinder access to justice. This reinforces our commitment to serving the client’s best interests. Our promise to you is you’ll get honest, straightforward advice and we’ll work hard for you because your case matters to us.

Navigating the Legal Journey

Navigating the legal journey in distracted driving cases involves initial consultations, gathering evidence, negotiating, and potentially settling claims. Each step is crucial in establishing a strong case and achieving a fair resolution.

The Consultation and Evidence Collection

During the initial consultation, clients discuss their case with a distracted driving accident lawyer. Here, they outline the details of the incident, injuries, and any damages incurred. This conversation helps the lawyer understand the specifics and gauge the potential outcome.

Evidence collection begins right after the consultation. This phase involves compiling police reports, medical records, witness statements, and any available video footage. These pieces of evidence form the backbone of the case and are essential for proving negligence.

Lawyers may also collaborate with accident reconstruction experts to understand the incident’s dynamics. Accurate and comprehensive evidence increases the likelihood of a favorable outcome. This step sets the stage for the next phase: negotiations.

Negotiating and Settling a Claim

In the negotiation phase, the lawyer engages with the insurance companies or the opposing party to seek a fair settlement. Negotiation strategies involve presenting the collected evidence clearly and convincingly. Properly documented claims often result in more favorable settlement offers.

Your lawyer may need to counter lowball offers and advocate diligently for an appropriate compensation amount that covers medical expenses, lost wages, and other damages. If negotiations stall, the lawyer might recommend moving to litigation.

Settling a claim out of court can often be quicker and less stressful for the client. It provides closure without the need for a prolonged court battle. However, the lawyer remains prepared to escalate the matter to court if necessary, ensuring that the client’s best interests are always prioritized.

Jackie Houser and the team at Flexner Houser Injury Law know what you’re going through. Contact us today to schedule your free consultation with a car accident attorney.