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No-Fault Auto Accidents: Get The Facts On Distracted Driving

11 December 2019

Mia Little

Distracted driving is a growing and potentially deadly problem in the United States today. Distracted driving happens when someone takes their eyes from the road for any amount of time and causes an accident with other drivers or pedestrians. If a distracted driver caused your life-changing auto injuries, don't give up hope on finding the medical and monetary compensation you need in life. Here are things no-fault auto accident victims should know about distracted driving today.

What Exactly Does Distracted Driving Mean?

Most people associate distracted driving with texting or cell phone use. However, a number of other things can distract drivers from the road, including eating, people-watching, and talking. These types of behaviors may be ongoing or temporary, depending the individuals involved. For example, teens who have a habit of texting their friends at home or school may choose to do so while operating their vehicles.

Even drivers who have unrestrained pets in their vehicles can become momentarily distracted if their pets climb on their laps, jump on the dashboard, or run around the backseat barking loudly. The owners of the pets fail to place their animals in carriers or other restraints that prevent unhealthy behavior.

If you encountered one of the situations above on the day of your accident, you may have a good insurance claim to pursue. But you must take steps to prove your claim, such as hire an auto accident attorney. 

How Do You Prove a Distracted Driving Claim?

When you consult an auto accident attorney, you'll need to be forthcoming about your accident. You want to tell an attorney the name of the street or other location where the accident occurred as well as the approximate time and date of the incident. If you can't remember exactly everything that occurred on that day, try to be as specific as you can about what you do recall.

To fill in any information you don't recall, an attorney may begin their own investigation of your accident. The investigation may involve the need to:

• hire an expert to revisit and investigate the accident scene, including a private investigator or forensics company
• find potential witnesses of your accident, including any store or business owners who may have seen what happened
• inspect your vehicle as well as the other driver's vehicle for damage

A lawyer may also seek evidence from the other driver's phone company or provider. If the at-fault driver texted or conversed on their phone at the time of your accident, their phone records will show it. The records may coincide or verify your claim that the driver was distracted during the incident. An attorney may need to obtain a legal subpoena to obtain the records, so it may take time to accomplish this part of your case.

After an attorney completes the most difficult part of your claim, they'll present all of the evidence to the at-fault driver's insurer or legal representative. If the evidence shows that the driver was indeed driving distracted and caused the accident, their insurer may settle right away. An attorney may not accept any settlement amount from the insurer right away until they discuss it with you.

If the insurer disagrees with the evidence or wishes to perform their own investigation of the accident, the claim may take longer to finish. A car accident lawyer may choose to bring a case to trial if the insurer doesn't come up with a reasonable settlement offer, or if the insurer refuses to honor your claim completely. 

Don't allow a distracted driver's negligence or disregard for safe driving affect your life. Contact an attorney near you for assistance today.

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