A distracted driver could cause a serious accident. You shouldn’t let them get away with it. The correct way to punish this inattentive driving is with a lawsuit. Here is what you ought to know.
If you have ever looked at a text message while you were driving, you were at risk of facing the punishment for distracted driving. An officer of the law might ticket you, or you could receive a fine. However, this assumes that you have not hurt anyone because of your distraction. If your distracted driving caused an accident, then that is a whole other story. You may even face jail time.
What Constitutes Distracted Driving?
You could file a distracted driving lawsuit if your accident resulted from a third party looking at their phone while driving. You could have a case if the other driver was eating or drinking behind the wheel. Other examples of distracted driving might be that the other car had excessively loud music playing or that they were talking to other passengers. The difficult part of claiming compensation for an accident caused by a distracted driver is proving their inattention.
How common is it?
The CDC estimates that 13% of all workplace driving accidents are the result of distractions. Recent figures from their department indicate that distractions are present during 52% of your driving time. Top distractions were chatting to passengers at 15%, personal electronic devices at 6%, and radio or air con use at 4%. You can also read the full state and federal laws on distracted driving here.
How to Punish Distracted Drivers?
If you become injured thanks to a distracted driver, then the punishment starts at the scene. Make sure you call the police and that you give a statement saying you saw the driver become distracted. If the police suspect the driver was on their phone, they will do their best to prove that. If there are other passengers in the car, it is entirely possible that they were having a conversation. The police will look for evidence. If you have a dash cam, this footage could be helpful. Remember, though, that it could also prove your own guilt.
To ensure you get the justice you deserve, follow these steps.
1 – Speak with the police
The first thing you need to do following any accident is to file a police report. This police report can be used as evidence in court.
2 – Get contact details for witnesses
The police will already take the contact details of all the witnesses, but your insurance company may wish to speak to them too. Get their details if you can.
3 – Visit the hospital
Obviously, if you are incapacitated, you will need to go to the hospital and deal with your police statement later. Even if you are not incapacitated, a hospital visit leaves a paper trail to say you had an accident and received treatment.
4 – Call a lawyer
At this point, while you are making calls to inform people of where you are, have someone find and call a lawyer on your behalf. You can find one yourself if you are well enough. Be sure you tell your lawyer that you think the driver was distracted. They can gather evidence on your behalf.
Get Justice
You can get justice for distracted driving. All it takes is persistence and a good legal team.