Distracted driving isn’t anything new. But with the advent of cell phones, texting and social media, it has become a serious and dangerous epidemic. If you or a loved one has been injured by a distracted driver, you understand the pain and stress this negligent act can have on someone.
According to the Department of Transportation, distracted driving causes approximately 3,300 fatalities every year, along with hundreds of thousands of injuries.
Distracted driving can be defined as any activity that takes your attention away from the road, but is typically caused by cell phones or other electronic devices.
Distracted Driving and Personal Injury Lawsuits
If you believe your injury was caused by a distracted driver, you will need a certain amount of evidence to back this claim up in court. A personal injury lawyer can help you sort out the details and gather any and all necessary evidence you will need to file a personal injury claim.
Typical evidence presented in a distracted driver lawsuit include things like:
- Cell phone records from the day of the accident
- The defendant’s previous driving records
- Footage from street cameras/dash cam
- Eyewitness testimony
- Medical and/or police reports
If any of the evidence listed above can confirm that the driver was indeed distracted during an accident, it can be used to prove negligence and/or recklessness in a personal injury case.
Once you have gathered as much evidence as possible, your attorney will decide if you are potentially entitled to a distracted driving lawsuit. If this is the case, your personal injury attorney will present the findings to a judge who may or may not decide to try the case in open court. If a judge accepts the case, your settlement will be decided by either judge or jury.
If there is clear negligence involved, the defendant’s attorney may offer to settle out of court. If you receive an offer, make sure to talk it over with your attorney before making any decisions.
Being injured in an auto accident is never easy. But, it’s even worse when your injuries have been caused because of somebody else’s negligence and poor choices.
If you or a loved one has been injured because of a distracted driver in Boulder, Colorado, your first towards a better tomorrow is hiring a competent and skillful attorney who will give you the representation you deserve.