Distracted Driving Lawyer – Get the Legal Help You Need Now
March 5 2023
You can search online for local attorneys who specialize in distracted driving cases. It is important to review the experience and qualifications of any potential lawyers to ensure they are qualified to handle your case.
Distracted Driving Laws
Distracted driving laws are put in place to help reduce the number of car accidents caused by distracted driving. Many states have imposed specific restrictions and penalties on drivers that fail to pay proper attention while operating a vehicle. While the enforcement of these laws has been known to reduce the number of crashes, debate still remains as to whether or not they are truly effective in preventing future motor vehicle incidents.
Those who argue in favor of distracted driving laws point out that due to the widespread availability and use of cell phones, distracted driving is more likely than ever before; this greater likelihood can increase the number of car crashes if it is not properly addressed. They also point out that additional restrictions on distracted driving give law enforcement more power to crack down on offenders, reducing their ability to cause harm or even death through careless behavior.
Others criticize distracted driving laws for being overly harsh or having too much emphasis on one particular cause for car accidents. They point out that there is no real evidence that these laws have made a significant impact on reducing overall traffic incidents, and instead advocate for other alternatives like providing better driver education or enforcing existing traffic laws more stringently. Additionally, some argue that current measures are an infringement on personal rights as governments seek too heavily restricted our ability to use certain technologies while in motion.
Ultimately, both sides present valid arguments regarding the efficacy of distracted driving laws. The answer may lie somewhere in the middle – states should work to find a solution that simultaneously protects public safety while preserving the liberties of their citizens; this could result in improved standards for distracted driving while more significantly addressing the root causes of car accidents without disproportionate restrictions imposed by government regulation. To this end, it’s important to understand what exactly constitutes “distracted driving”. The following section will discuss what such action entails and how it can impact road safety.
What Does Distracted Driving Mean?
Distracted driving is the act of operating a motor vehicle while engaging in any other activity that takes the driver’s focus away from driving. This behavior can take many forms, including talking on a cellphone, sending text messages, reaching for objects in the car, interacting with passengers and eating or drinking. In some cases, it can encompassed things like applying makeup, reading or writing emails and shopping online. Overall, focusing on anything other than driving can be considered distracted driving — and puts both the driver and any nearby individuals at risk of an accident.
In most states, there are laws against distracted driving. Generally speaking, these laws make it illegal to talk on your cellphone without the use of a hands-free device while behind the wheel — but there are state variations as to what activities are legally considered “distracting” while driving. Some argue that activities such as eating/drinking while driving or interacting with passengers should also be included under these blanket bans on distraction. Others counter that such activity is neither dangerous nor illegal when done responsibly, and that restricting such behaviors may go too far to infringe on individual freedoms.
No matter your opinion on either side of this debate, the importance of refraining from distracting activities while operating a motor vehicle cannot be understated. Even momentarily looking away from the road or turning one’s attention elsewhere has been shown to drastically increase the chance of becoming involved in an accident. With that in mind, it is important to understand when distracted driving is taking place and (if applicable) who holds liability for any resulting harm. The following section will provide an overview of liability and insurance issues related to distracted driving accidents.
Liability and Insurance
Liability and insurance can both play an important role when determining who is at fault in a distracted driving accident. Liability may be difficult to determine but insurance might cover your medical bills and other expenses if someone can be found liable for the accident.
When it comes to liability, a few different types of negligence must be examined in order to establish it in a distracted driving case. A distracted driver has the same duty of care as any other motorist and so if he or she breached this duty by driving while distracted, then this will be considered negligent behavior. If a driver fails to abide by the rules of the road or does something illegal, like texting while behind the wheel, this could also be considered negligent behavior. It is important that evidence is gathered from the scene of the accident and that eyewitness statements are taken in order to fully investigate who is responsible for causing it. The severity of the distraction will factor into how severe the consequences will be for those found liable.
Your insurance coverage can sometimes provide you with some financial relief after an accident caused by a distracted driver. Depending on what kind of coverage you have, your insurance company may pay for some or all of your medical bills and lost wages due to disability or injury. Even if a distracted driver cannot be found liable for causing an accident, your insurance company may cover most of your costs as long as you have adequate coverage.
However, there are some instances in which insurance companies will try to limit their financial responsibility after an accident caused by a distracted driver. In these cases, having legal representation becomes even more important since they are adept at navigating complex insurance laws and regulations. A lawyer can help ensure that you receive fair and just compensation after such an incident so that you don’t experience financial hardship due to the negligence of another person.
Having liability and insurance sorted out before determining who is at fault can save time and energy later on as you seek compensation for damages inflicted by an irresponsible driver. As such, working closely with a seasoned distracted driving lawyer ensures that you get all the facts and legal guidance necessary to make informed decisions about how best to proceed with your case.
Now that liability and insurance have been discussed, let’s turn to Determining Who is At Fault in order evaluate how factors like degree of distraction, failure to follow traffic laws, and eyewitness accounts all come into play when holding those responsible accountable for their actions.
Determining Who is at Fault
After an accident involving a distracted driver, determining who is at fault is a critical part of the litigation process. The legal burden of proof of fault must be established by the plaintiff, and it’s essential for him or her to show that the at-fault party was engaging in negligent behavior or violating a traffic law. This includes exhibiting any signs of distraction such as texting on their phone while driving or taking their eyes off the road.
The challenge for lawyers is that texting and driving laws vary from state to state. Some states have comprehensive laws in place banning mobile device use while operating a vehicle; however, other states rely on existing reckless-driving statutes. Laws that allow for the determination of fault in cases like these require the prosecution to prove the distracted driver acted negligently beyond a reasonable doubt. It’s important to note that even if a driver was not actively using their phone when an accident occurred but was aware of the risks associated with operating a vehicle while distracted, he or she could still be found liable.
In addition, many states recognize comparative negligence laws, meaning that liability can be shared between both parties involved in the accident. Depending on the scenario, a percentage of fault can be assigned to both drivers, which affects how much compensation each may receive – if any – following the case’s resolution.
Ultimately, determining who is at fault in an accident involving a distracted driver can be complex and will depend on the laws governing negligence in your state as well as what level of distraction contributed to the accident itself. When finding a Distracted Driving Lawyer to help you navigate this process, it’s essential that you work with someone who possesses an intimate knowledge of personal injury law and who will fight diligently for your rights and interests in court.
When searching for experienced legal counsel for a distracted-driving case, it’s important to consider certain factors so you can make an informed decision about which lawyer best suits your needs. The next section in this article will discuss strategies for finding a Distracted Driving Lawyer who can provide expert guidance throughout your lawsuit.
- According to the National Highway Traffic Safety Administration, 3,166 people were killed in motor vehicle accidents involving distracted driving in 2019.
- The Centers for Disease Control and Prevention reports that every day in the United States 9 people are killed and more than 1,000 people are injured due to distracted driving.
- A study published in 2018 found that drivers using a handheld device while driving are four times more likely to be involved in a crash than drivers who were not using a device.
Finding a Distracted Driving Lawyer
Finding a distracted driving lawyer to help you with your case is an important first step when facing driving charges. Whether it’s a ticket or you’re facing more serious penalties like jail time or license suspension, hiring the right lawyer can make all the difference in achieving an ideal outcome.
On one hand, having legal representation may compel prosecutors to offer a more favorable plea bargain instead of proceeding to court. On the other hand, if your attorney fails to build a strong defense for your case, you may end up with less than satisfactory results. This is why it’s so important to conduct thorough research and find a reliable lawyer that has experience defending against similar charges.
Before choosing a distracted driving lawyer, consider factors such as their reputation among peers, references from past clients, knowledge about local and state traffic laws, and professional success rate. Make sure your lawyer also understands how lack of focus issues can impact your situation as well as any relevant extenuating circumstances they could use to your advantage. The best representation will provide both legal expertise and empathy towards the situation at hand in order to achieve the most favorable resolution.
When searching for the right attorney to handle your distracted driving case, take enough time to compare several lawyers before making a final decision. With proper research and due diligence on your part, you can find a qualified attorney who will put forth their best effort in helping you defend against the charges brought upon you.
Now that we have discussed finding a distracted driving lawyer, let’s move on to what to look for when choosing one in our next section.
What to Look for in a Lawyer
When you are looking for a lawyer to fight your distracted driving charge, there are several key aspects to consider. The first is experience. Make sure to ask potential lawyers both how many similar cases they have handled and how successful they have been. It is also important to find out the lawyer’s fee structure, as well as any other costs that might come into play during the case. Finally, it’s advised to look for a lawyer who has proven that they understand the nuances of both criminal law and motor vehicle laws in your jurisdiction.
It can also be beneficial to choose a lawyer who specializes in distracted driving cases, as this indicates that they understand the complexities of this type of law more than a general lawyer might. On the other hand, some argue that a general criminal defense lawyer will have a better overall understanding of criminal law. Both arguments hold validity, but most agree that an experienced and specialized attorney is most likely to bring success in these types of cases.
Once you have identified all these elements, you need to be able to trust your lawyer. After all, your freedom may be at stake. Try to get a feel for their ability to communicate effectively by asking questions and assessing their level of comfort in responding. If you don’t feel comfortable with your chosen lawyer right away, it would be best to look for another one.
Finding the right lawyer for your distracted driving case is undoubtedly an important decision – and so is the strategy used in court or at the DMV hearing. In our next section we will discuss what should take place from the filing of a complaint through completion of any DMV proceedings related to a distracted driving charge.
The Court Case & the DMV
One of the first steps to seeking legal help for distracted driving is to present the court and DMV with the case. Often times, a court case involves both sides coming before the judge, presenting their respective arguments, then waiting for the judge’s ruling. Ultimately, it will be up to the discretion of the court as to what consequences or sanctions should be handed down in relation to the incident. In some cases, it is possible that an individual may receive a lesser sentence if they are apologetic and meet certain criteria set by the court. However, without proper legal representation, this outcome may not be achievable.
For those who have been cited for distracted driving, it can also involve having to appear before the Department of Motor Vehicles in order to discuss potential ramifications that could affect one’s driving record or license. Again, in this situation, having an experienced lawyer as representation can give an individual an advantage that could potentially help reduce any penalties or fines. It’s important to remember that although no two cases are alike, having solid legal counsel at your side can greatly improve your chances of success in this type of situation.
The results of a distracted driving citation can ultimately be life-changing so it is important to approach this issue carefully and thoughtfully. Before heading into a courtroom or DMV meeting, any individual should consider discussing their case with an experienced and knowledgeable attorney who can provide guidance and assistance. The next step is understanding what kind of results one might expect from a distracted driving conviction – which we will look at more closely in the following section.
Results of Distracted Driving
Distracted driving has cost many lives, including those of innocent victims. Research has shown that 3,450 people were killed in 2016 due to distracted driving, and this number continues to be on the rise. Moreover, 391,000 people were injured in crashes involving a distracted driver. With such alarming numbers, it is important to understand the consequences and take responsible steps to ensure safety on the roads.
The consequences of distracted driving are potentially devastating – they can range from life-altering physical or psychological injuries to huge medical bills and financial losses. In some cases, victims may suffer from physical pain that lasts for months or even years. Those involved can also incur tremendous emotional and psychological distress from the accident. For instance, victims may have difficulty trusting other drivers after an accident caused by a distracted driver.
In addition to these direct impacts, distracted drivers can also face serious criminal penalties depending on the severity of the accident and state laws. Depending on the circumstances of the accident, a driver may face fines and jail time in more serious cases where negligence can be established. Specific criminal charges that a defendant faces within a legal setting vary from possibly misdemeanors to felonies depending on the facts of the case and laws applicable in each jurisdiction.
Despite the potential seriousness of these punishments, it is important to remember that every person accused is legally presumed innocent until proven guilty beyond reasonable doubt by competent evidence at trial or through an appropriate plea bargain resolving their matter. That opposition highlights one common argument in defense: that those accused of a crime should be given due process under the law rather than automatically assuming guilt without sufficient proof or without providing an opportunity to defend oneself or present other arguments.
In any case, it is imperative that those injured in an accident resulting from distracted driving seek legal counsel immediately as soon as possible for help with getting compensation for all expenses incurred due to the crash, ranging from medical bills and lost wages all the way through full recovery for pain and suffering when applicable. With this being said, it is now time to move on from discussing distracted driving results and onto taking actions after being involved in a distracted driving accident—the topic of our next section.
Taking Action after a Distracted Driving Accident
Taking action after a distracted driving accident may seem daunting, but with the right legal help, you can receive justice and compensation. Depending on where you live, the list of potential actions to seek support and recovery may vary.
Seeking Medical Attention
The most crucial step after a distracted driving incident is seeking medical attention. Even if you feel relatively unharmed, this is essential to document any physical or emotional damages that you’ve incurred. Additionally, visiting a doctor immediately following an accident can help provide proof that your injuries occurred at the time of the crash.
Pursuing Legal Action
Distracted driving is illegal in most states, so it’s possible to file a personal injury claim against the negligent driver. This process often requires specialized legal knowledge and expertise, which is why many victims benefit from consulting with a personal injury attorney. With their guidance and representation, you may have access to financial compensation for your medical bills, lost wages, and pain/suffering costs.
Arguing for Stronger Distracted Driving Laws
In some cases, victims of distracted driving accidents will choose to channel their anger into advocating for stronger laws to combat this issue. According to research from the US National Library of Medicine, heightened public awareness has contributed to reductions in motor vehicle fatalities – suggesting that well-crafted legislation could be beneficial in curbing instances of distracted driving. If arranged properly, campaigns focused on greater public education could be successful in reducing this prevalent threat against drivers.
On one side of the debate, proponents argue that increased public knowledge may lead to more responsible driving habits and fewer deadly collisions as a result. On the contrary, opponents point out that local legislation would require funding and resources – something not all municipalities can afford or prioritize. Ultimately, only time will tell whether strengthening laws surrounding distracted driving can help reduce fatalities on our roads.
Responses to Frequently Asked Questions
What are the average costs for services related to distracted driving cases?
The cost of legal services related to distracted driving cases will vary depending on the individual case and specific details. Generally speaking, the cost for legal services can range from a few hundred dollars up to thousands, depending on the complexity of the case. In some cases, lawyers may charge an hourly rate or flat rate while others might offer a retainer fee. Ultimately, it is important to speak to a lawyer who specializes in distracted driving law to get an accurate assessment of what your particular case might cost.
What specific qualifications should I look for in a distracted driving lawyer?
When looking for a distracted driving lawyer, it’s important to find a professional who has experience and expertise in the area of distracted driving law. You’ll want to look for a lawyer who is well-versed in the relevant laws, has extensive experience working on similar cases, can easily explain how the law applies to your particular situation, and understands how to navigate the legal system. Additionally, you should look for a lawyer who is knowledgeable about any local regulations related to distracted driving, so they can provide comprehensive advice tailored to your case. Furthermore, it’s essential to choose a lawyer who is highly organized and can work quickly and efficiently, as these types of cases require speedy attention. It’s also beneficial to find a lawyer who has strong communication skills and is able respond swiftly when you need advice or updates on your case. Ultimately, you want a distracted driving lawyer who is committed to providing quality legal support and guidance throughout the entire process.
What legal rights and remedies do I have if I’m a victim of distracted driving?
If you are a victim of distracted driving, you have the legal right to seek compensation for any damages incurred in the accident. This includes pursuing a claim for personal injury and property damage. In most cases, it is best to hire a qualified distracted driving lawyer to help maximize your legal rights and remedies.
A distracted driving lawyer can assist with filing claims against the liable party’s insurance provider, negotiating a settlement on your behalf, or taking the case to trial if necessary. An experienced lawyer will also be skilled at gathering evidence such as police reports, witness statements, photos of the scene, and medical bills to prove liability in court.
Your rights will also depend on the specific laws in your state. For instance, many states allow punitive damages to be awarded in addition to actual costs such as medical expenses and lost wages. Further, you may have the right to seek compensation for pain and suffering or emotional distress caused by an accident involving a distracted driver.
It is always beneficial to have an experienced distracted driving lawyer on your side when dealing with these types of claims. A lawyer can ensure all your legal rights are respected and that you receive the maximum amount of compensation available under the law.