Distracted Driving Accident Lawyer Wheeling
Distracted Driving Accident Lawyer Wheeling
Distracted driving is highly dangerous and frequently leads to severe injuries and fatalities. Drivers often make the mistake of thinking they can multitask when driving, and this can lead to a collision. Drivers have a legal responsibility to motorists, pedestrians, and cyclists on the road. If this legal responsibility is breached, the distracted driver can be held responsible for the suffering of others. Continue reading to learn more about the dangers of distracted driving, why it happens, and how a Wheeling car accident lawyer can help you obtain compensation for the damages.
What is Distracted Driving?
Distracted driving is when the driver fails to pay attention to the road as a result of other activities. The other activities include anything that diverts the attention of the driver away from the road.
Generally, there are three categories of distracted driving: visual, manual, and cognitive. Visual distraction refers to anything that requires the driver to take their eyes off the road. Manual distractions happen when the driver takes their hands off the wheel, while cognitive distractions involve the driver taking their mind off the task of driving. The most common activities that lead to distracted driving accidents include cell phone use when driving, eating or drinking when behind the wheel, or adjusting the controls on the dashboard.
Common Injuries Caused By Distracted Driving
Distracted driving crashes can lead to different types of car accidents, including t-bone collisions, rear-end accidents, and front-end collisions. An accident can result in head injuries, back or spine injuries, lacerations, broken bones, joint dislocation, and soft tissue injuries. You will have to provide evidence, such as medical reports, to prove the injuries you suffered were caused by the auto accident.
Legal Options to Recover Compensation
When you have been injured in a distracted driving accident, you have two main legal options to seek compensation for your suffering: file an insurance claim or file a personal injury lawsuit. With the insurance claim, you hold the distracted driver’s insurance company liable for damages. In a personal injury lawsuit, you are filing a claim against the distracted driver.
If the other driver is underinsured or uninsured, you can file a claim with your insurance company to recover damages. As the state of Illinois requires all drivers to have auto insurance, it is rare to file a claim with your own insurance for an accident. There are other legal options to recover compensation. A lawyer can assess your case to guide you on possible legal options you can pursue.
Recoverable Damages in a Distracted Driving Accident
The recoverable damages include economic and non-economic damages.
Types of economic damages
- Lost income
- Loss of earning capacity
- Property damage, such as vehicle damage
- Medical bills
- Future medical expenses, such as ongoing rehabilitation sessions
- Costs of necessary modification to home or vehicle
Types of non-economic damages
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of companionship
- Mental disability
While economic damages are more straightforward to calculate, non-economic damages are more challenging to determine. The opposing legal team or insurance company often tries to downplay the impact of non-economic damages; however, these damages can have a major impact on the overall health and well-being of the victim.
To calculate non-economic damages, there are two main techniques: the multiplier method and the per diem method. With the multiplier method, all the economic losses are added and multiplied by a number based on the severity of the injuries. In the per diem method, the daily expenses of the victim are multiplied by the number of days it will take for the person to recover from the accident.
Get Help from an Experienced Car Accident Lawyer
A car accident lawyer can help you while they take care of the legal proceedings. There are several advantages to hiring an attorney for auto accident cases. They can help you establish liability for the accident, which is often a major hurdle in such cases.
It is not always easy to prove that the other driver was distracted at the time of the accident. However, the lawyer can help gather evidence such as police reports, video surveillance, cell phone records, and other evidence to help establish liability and strengthen your case.
The attorney can also assist you in completing all the paperwork required for the legal process and be your representative in communicating with the insurance company. You can get in touch with us at the Law Office of Jack M. Shapiro, P.C. Our law firm has extensive experience in car accident cases, including cases that involve distracted driving accidents. At the Law Office of Jack M. Shapiro, P.C., we offer a free consultation for our clients, so don’t hesitate to schedule an appointment with us.