One dangerous driving behavior that has become increasingly common in recent years is distracted driving. This behavior can cause a car accident that seriously hurts people in just a few seconds. But distracted driving crashes can be difficult to prove. And it can be hard to recover financial compensation.
If you’ve been injured in a crash caused by a distracted driver, the car accident attorneys at Vaughan & Vaughan can fight for your rights every step of the way. We know how the legal system works, and we will not rest until justice is served.
Type of Distracted Driving Accidents
Distracted driving accidents have been on the rise since handheld electronic devices became everyday essentials. What, though, is distracted driving, and how does Indiana legally classify it?
Indiana classifies distracted driving accidents as accidents involving drivers who have their attention taken away from the road. Behaviors that can result in distracted driving accidents can include:
- Talking on a cell phone
- Talking to passengers in the car
- Using a GPS
- Adjust radio controls
- Eating in the car
Distracted driving tends to compound all types of accidents, from rear-end collisions with private citizens to sideswipe accidents with commercial drivers. All of these parties may claim that they only took their eyes off the road for a few seconds, but that behavior, alongside aggressive or reckless driving, can see you and your loved ones contend with severe injuries due to another driver’s negligence.
Driving while distracted is a choice people make. As such, you can accuse a distracted driver of deliberately violating the duty of care they owed you on the road. While proving that a driver was distracted or otherwise reckless behind the wheel can be difficult, you can work with auto accident attorneys in Indiana to present a civil court with evidence of a liable party’s fault.
Contending With Stingy Insurance Adjusters After a Distracted Driving Accident
In an ideal world, your insurance provider would agree with you when you bring forward an estimate of your distracted driving losses and give you the financial support you need. Unfortunately, this isn’t always the case.
You’re obligated to contact your insurance provider within 24 hours of a distracted driving accident. After that, your insurance provider can send an adjuster out to your house to assess the value of your losses. If an insurance adjuster undervalues your losses, you may not receive a fair compensation offer from your provider – or, later, from the party liable for your losses.
The good news is that you don’t have to communicate with an insurance provider on your own. An experienced auto accident attorney can stand with you through that process and make sure that providers take your losses seriously. We can calculate the value of your losses independently from your insurance provider and negotiate with a corporation on your behalf if necessary.
How to Take Action After a Distracted Driving Accident
If you, as an accident victim, want to take legal action against an at-fault driver in the wake of a distracted driving accident, you need to contact a personal injury lawyer as soon as you can after your collision. You only have two years to take legal action after a motor vehicle accident, as stated by Indiana Code §34-11-2-4.
To take action, you and your attorney need to bring a personal injury complaint against the party responsible for your accident. This complaint needs to present evidence of negligence, identify a negligent party, and calculate the value of your post-accident losses.
Experienced Legal Counsel Can Help You Address All Aspects of Your Case
The benefits of working with an experienced attorney don’t begin and end with your right to pursue a civil claim, though you may have the opportunity to do so. Instead, personal injury attorneys also give you the tools you need to defend yourself against the misinterpretation of your accident.
The distracted driver responsible for your car wreck may try to paint you as the at-fault party involved in your case. If you don’t act quickly, the defendant may deny you the right to a percentage of a post-accident settlement.
Why Should You File a Distracted Driving Accident Claim?
The benefits of filing personal injury accident claims are myriad. These claims give you control over your recovery after a severe accident. They also allow you to hold a negligent party accountable for their inappropriate roadway behavior. Finally, a personal injury claim gives you the opportunity to demand compensation for your losses.
As such, the process allows you to recover more effectively from your accident, financially and emotionally. When you work with an accident lawyer through the process, you can even alleviate any of the stress that filing a legal claim might otherwise foist upon your life.
Hold a Liable Party Accountable for Your Post-Accident Expenses
Bringing a civil claim forward addressing someone else’s negligent and/or aggressive driving allows you to demand that said party helps you contend with your post-accident expenses. You have the right to demand that the party you name as responsible for your accident help you pay for post-collision treatments to address your:
- Emotional distress
- Medical bills
- Lost wages
- Property replacement and restoration
- Loss of enjoyment in life
- Loss of consortium/loss of companionship
- Restoration of your previous quality of life
You can rely on experienced author accident attorneys to guide you through the process of calculating your personal injury claim’s possible value. Because each distracted driving accident brought to our team is different, we can take particular care to address each of your losses and ensure that you receive a fair settlement.
Take Up Your Claim Against the Right Party
Once you’ve calculated the value of a motor vehicle crash and brought forward evidence of your losses, it’s time to demand those damages from a particular party. Who, though, do you hold accountable for distracted driving accidents? Because these accidents stem from a driver’s choice to take their eyes off of the road, you can most often hold another individual liable for your losses.
Things grow complicated, however, when you factor in traffic, employment, and roadway conditions. For example, if you get into an accident with a Lyft driver, that driver’s contract may see you have the right to hold Lyft responsible for your newfound financial strain. Similarly, if necessary, trucking agencies can take on responsibility for their drivers’ misconduct.
This is why it’s important to both work with auto accident lawyers after your accident and assess what evidence of negligence can be found at the scene. Our team can dive into the complex relationships between an at-fault driver, their employer, surrounding traffic, and other roadway factors so that the complaint you file with a county clerk is as accurate as possible.
Vaughan & Vaughan Has Been Fighting for Your Rights Since 1913
That’s why you need an attorney who will fight for your rights. Our firm has a long history of standing up for the injured and helping them recover the financial compensation they deserve. Our attorneys know what it takes to build a strong case in accidents involving distracted driving. And we have a track record of results, including negotiated settlements and jury verdicts.
When you are seriously injured in a car accident, the insurance company is supposed to help. But insurance companies are most concerned about their bottom line and often try to pay as little as possible. They may make a lowball settlement offer that does not come close to covering your damages. They may even blame you for causing the accident.
That is not acceptable. We gather evidence to prove that a distracted driver caused the accident that led to your injuries. We review police reports, medical records, and other evidence. We identify and interview witnesses who saw what happened. And if needed, we consult with accident reconstruction experts.
We Prioritize Your Recovery
Our attorneys know how to build a strong case that the insurance company has to take seriously. We determine the total amount of the damages you have suffered and demand compensation. This includes compensation for all past and future medical expenses related to your injury, lost wages, and other damages such as pain and suffering.
Insurance companies know we have a reputation for getting results, and many are willing to negotiate a settlement with us. But we will fight for you in court if they won’t agree to a settlement that meets your needs. Our focus is always on getting the best possible results for our clients, no matter how long it takes.
Schedule a Free Distracted Driving Case Consultation Today
Are you ready to take legal action against the party responsible for your distracted driving accident? Let Vaughan & Vaughan go to bat for you. You can learn more about how one of our car accident attorneys can help by contacting us online or calling our office for a free consultation.