Distracted driving is one of the leading causes of car accidents on Charleston roads, resulting in severe injuries and significant property damage. These accidents can have life-altering consequences for victims and their families.
What is Considered Distracted Driving?
Distracted driving occurs when a driver’s attention is diverted away from the primary task of driving. This can happen in several ways:
- Visual Distractions: Taking your eyes off the road, such as looking at a phone, GPS device, or something outside the vehicle.
- Manual Distractions: Taking your hands off the wheel, such as eating, drinking, or adjusting the radio.
- Cognitive Distractions: Taking your mind off driving, such as daydreaming, talking to passengers, or being preoccupied with personal problems.
These distractions significantly impair a driver’s ability to react to sudden changes in traffic conditions, increasing the likelihood of accidents.
Common Issues in Distracted Driving Cases
Distracted driving cases can present several unique challenges:
Proving Distraction
Demonstrating that a driver was distracted at the time of the accident often requires a combination of evidence, including cell phone records, eyewitness testimony, and expert analysis.
Insurance Company Tactics
Insurance companies may attempt to downplay the extent of your brain and spinal injuries or the role of distraction in the accident.
Comparative Fault
According to West Virginia’s comparative negligence laws, if an injury victim is found to be 50% or less at fault for an accident, they are eligible to receive compensation for their injuries. However, the total damages awarded will be decreased by the victim’s percentage of fault in the accident. As a result, the at-fault driver may try to shift some blame onto you.
How Hiring a Charleston, WV Distracted Driver Accident Lawyer Can Help
Hiring a distracted driving lawyer in Charleston, West Virginia is crucial for several reasons:
- Legal Advice: A personal injury lawyer can provide valuable insights into your rights and options, helping you understand the best course of action.
- Resources: An attorney has the resources to conduct a detailed investigation to gather evidence, such as police reports, witness statements, phone records, and any available video footage, to build a strong case.
- Proving Liability: Establishing that the other driver was distracted at the time of the accident can be challenging without a lawyer’s help. They can hire an accident reconstruction expert if necessary to analyze the accident scene, vehicle damage, and data from onboard electronics to reconstruct the events leading up to the crash. By identifying inconsistencies in the other driver’s actions and correlating them with distraction indicators, they can provide compelling evidence to support your claim.
- Negotiation with Insurance Companies: Lawyers have the skills and experience to negotiate with insurance companies on your behalf, ensuring you receive fair compensation.
- Trial Experience: If negotiations fail, a lawyer is prepared to take your case to court and advocate for your rights.
- Maximized Compensation: An experienced attorney will explore all potential sources of compensation to ensure that all your damages are covered.
Types of Compensation Available
Victims of distracted driving accidents may be entitled to various types of compensation, including:
Medical Expenses
Coverage for current and future medical bills related to the accident, including hospital stays, surgeries, rehabilitation, and medications.
Lost Wages
Compensation for income lost due to time off work during recovery.
Loss of Earning Capacity
If injuries result in long-term or permanent disability, compensation for the reduction in your ability to earn income.
Pain and Suffering
Non-economic damages for physical pain, emotional distress, and loss of enjoyment of life.
Property Damage
Reimbursement for repairs or replacement of your vehicle and any other personal property damaged in the accident.
Contact Us Today
If you or a loved one has been injured in an accident caused by a distracted driver in Charleston, contact Tiano O’Dell, PLLC today for a free consultation. Let us provide the skilled legal representation and compassionate support you deserve.