Distracted driving is one of the leading causes of car accidents in the United States. Every day, drivers use their phones, eat meals, adjust their GPS, or engage in other activities that take their attention away from the road. Unfortunately, these distractions can have devastating consequences for innocent drivers and passengers.
If you’ve been injured in a distracted driving accident, you have the right to pursue compensation for your medical bills, lost wages, pain and suffering, and other damages. But knowing where to start — and which legal options are available — can be overwhelming.
This guide will explain the most effective legal options for victims of distracted driving accidents and how a Wright Gray Harris attorney can help you pursue justice and maximize your compensation.
What Is Distracted Driving?
Distracted driving occurs when a driver’s attention is diverted from the road by another activity. Distractions fall into three main categories:
- Visual Distractions: When the driver takes their eyes off the road (e.g., looking at a phone, GPS, or scenery).
- Manual Distractions: When the driver takes their hands off the wheel (e.g., eating, drinking, or reaching for something).
- Cognitive Distractions: When the driver’s mind is not focused on driving (e.g., daydreaming, talking to passengers, or thinking about work).
The most common — and most dangerous — form of distracted driving is texting while driving. Texting combines all three types of distractions, making it one of the most hazardous behaviors on the road.
If you were injured by a distracted driver, you may be able to hold them accountable for their reckless behavior. A Wright Gray Harris attorney can help you prove that the driver was distracted and pursue compensation on your behalf.
Legal Options for Victims of Distracted Driving Accidents
File an Insurance Claim Against the At-Fault Driver
The most common way to seek compensation after a distracted driving accident is to file a claim against the at-fault driver’s insurance policy. Every driver is required to carry liability insurance, which covers medical bills, lost wages, and property damage for accident victims.
To file a claim, you’ll need to:
- Report the Accident: Notify the at-fault driver’s insurance company and provide them with basic information about the crash.
- Prove the Other Driver Was at Fault: This is where evidence like police reports, photos, and witness statements come into play.
- Provide Medical Records and Bills: To recover compensation for your injuries, you’ll need to provide documentation of your medical expenses.
The insurance company may offer you a settlement, but it’s often lower than what you deserve. A Wright Gray Harris attorney can negotiate with the insurer to secure a fair payout. If the insurance company refuses to offer a reasonable settlement, you have the option to file a lawsuit.
File a Personal Injury Lawsuit
If the at-fault driver’s insurance company refuses to offer a fair settlement, you have the option to file a personal injury lawsuit. In a lawsuit, you can pursue compensation for:
- Medical Expenses: Hospital bills, surgery costs, physical therapy, and future medical expenses.
- Lost Wages: Reimbursement for the income you lost while recovering from your injuries.
- Pain and Suffering: Compensation for physical pain, emotional distress, and the impact of your injuries on your quality of life.
- Property Damage: The cost of repairing or replacing your damaged vehicle.
To win a personal injury lawsuit, you’ll need to prove that the other driver was negligent. This means showing that the driver failed to act with reasonable care and that their actions directly caused your injuries. Proving distracted driving can be challenging, but a Wright Gray Harris attorney can collect the evidence needed to prove your case.
File a Claim Under Your Uninsured/Underinsured Motorist Coverage
If the at-fault driver doesn’t have insurance or if their policy limits are too low to cover your damages, you can file a claim under your own Uninsured/Underinsured Motorist (UM/UIM) coverage. This coverage is designed to protect you if the at-fault driver is uninsured, underinsured, or flees the scene of the accident.
Here’s how UM/UIM coverage works:
- Uninsured Motorist (UM) Coverage: Covers medical expenses, lost wages, and other damages if the at-fault driver has no insurance.
- Underinsured Motorist (UIM) Coverage: Applies when the at-fault driver’s insurance isn’t enough to cover your full expenses.
If you have UM/UIM coverage, you can file a claim with your own insurance company. However, don’t assume your insurer will make the process easy. Insurance companies may try to reduce or deny your claim. A Wright Gray Harris attorney can handle negotiations with your insurer to ensure you receive the full compensation you’re entitled to.
Pursue Punitive Damages
In certain cases, you may be eligible to pursue punitive damages. Punitive damages are awarded to punish the at-fault driver for reckless behavior and to deter others from engaging in similar actions. If the distracted driver was texting, using social media, or engaging in particularly reckless behavior, a court may order them to pay punitive damages on top of your compensatory damages.
Punitive damages are not automatically awarded in every case. They are typically reserved for cases where the driver’s actions were especially egregious or intentional. A Wright Gray Harris attorney can determine if you qualify for punitive damages and pursue them as part of your lawsuit.
How Do You Prove Distracted Driving?
To hold the at-fault driver accountable, you’ll need to prove that they were distracted at the time of the crash. Here’s how a Wright Gray Harris attorney can help you prove it:
- Obtain Phone Records: If the driver was texting or using their phone, your attorney can request phone records to prove it.
- Use Witness Testimony: Witnesses can provide statements about what they saw, including whether the driver was looking at a phone or engaging in other distractions.
- Check Traffic Camera Footage: If the accident happened near an intersection with traffic cameras, the footage may show the driver using their phone.
- Look for Physical Evidence: Items like fast-food wrappers, makeup, or other objects in the car can be used to prove the driver was distracted.
- Examine the Police Report: If the police officer at the scene observed the driver using a phone or engaging in distractions, this information will be documented in the police report.
A Wright Gray Harris attorney will collect this evidence, present it to the insurance company, and, if necessary, use it in court to prove that the at-fault driver was distracted.
How a Wright Gray Harris Attorney Can Help You
Pursuing compensation after a distracted driving accident can be challenging. Insurance companies may argue that you were partially at fault or that your injuries aren’t as severe as you claim. This is where a Wright Gray Harris attorney can make a difference.
Here’s how a Wright Gray Harris attorney can support your case:
- Investigate the Accident: We’ll collect evidence like phone records, traffic camera footage, and witness statements to prove the other driver was distracted.
- Handle Insurance Companies: We’ll negotiate with the at-fault driver’s insurer and your own insurer to ensure you receive a fair settlement.
- Pursue All Available Compensation: We’ll seek compensation for medical bills, lost wages, pain and suffering, and punitive damages, if applicable.
- File a Lawsuit, If Necessary: If settlement negotiations fail, we’ll file a lawsuit and present your case in court.
When you have a Wright Gray Harris attorney on your side, you have a legal advocate who will fight for your rights and ensure you receive the compensation you deserve.
Contact Wright Gray Harris
If you were injured in a car accident caused by a distracted driver, you have the right to pursue compensation for your injuries, property damage, and other losses. Distracted drivers must be held accountable for their reckless behavior, and with the right legal support, you can recover the compensation you deserve.
At Wright Gray Harris, our experienced car accident attorneys know how to prove distracted driving, collect critical evidence, and negotiate with insurance companies on your behalf. We’ll fight for your rights, protect your claim, and ensure you receive the compensation you’re entitled to.
Don’t let a distracted driver get away with their negligence. Call Wright Gray Harris today for a free consultation. Our attorneys will review your case, explain your legal options, and help you pursue justice and fair compensation.
Call now to schedule your free consultation.