Pursing a Claim for Injuries Against a Distracted Driver

Pursing a Claim for Injuries Against a Distracted Driver

Waldorf car accident attorney

Cell phone usage and other incidents of distracted driving are on the rise and can cause catastrophic accidents. If you’ve been injured in an accident, let a skilled Waldorf car accident lawyer review your case and aggressively pursue a remedy on your behalf.

Basic Accident Law

As your waldorf car accident lawyer can discuss, there are similarities with how to pursue an accident claim regardless of how it happened. When another driver causes an accident, the law applies basic principles of negligence. Negligence has distinct elements that must be proven by the plaintiff (accident victim). First, the court looks at whether the other driver’s behavior was unreasonable under the circumstances. If so, the court must determine whether that unreasonable conduct actually caused the accident or was a foreseeable consequence of that behavior. Finally, the court looks at whether the victim actually suffered an injury.

Distracted Drivers and Negligence Cases

As your Waldorf car accident lawyer can discuss, when a driver causes an accident due to distracted driving or cell phone use, a case of negligence may be easier to prove. The argument is that a distracted driver is acting unreasonably. Even if there is no law prohibiting cell phone usage, the court (or jury) may find that cell phone usage falls below that general level of reasonableness that everyone behind the wheel must follow. If the driver is actually cited for a violation of a law such as texting and driving, this can help bolster the civil negligence case as well.

Types of Compensation Available in an Accident Case

Your Waldorf car accident lawyer can discuss in a personal injury case, the goal of the court is to make the plaintiff or victim whole. While this may not be possible in reality, especially in the case of severe injury and disability, monetary compensation may be the only remedy the court can grant. Personal injury awards can be made for economic damages such as lost wages, medical bills, the cost of replacement services or any other type of out of pocket expenses. The largest part of most personal injury awards comes from what are called “non-economic” damages. These are damages ascribed to a victim’s pain and suffering. This is a subjective claim. Perception of pain for one person may not be the same for someone else. Your attorney can discuss the types of proof you might need to show this. On a basic level though, you must be prepared to show how your injury impacts your daily life. How are you different now after the accident than you were before it?

The sooner you speak to a Waldorf car accident attorney who can zealously pursue your claim for damages, the more options you may have.

When you speak with an experienced Waldorf car accident attorney, your attorney can review the facts of your case and help you make an informed decision about how to pursue compensation for your injuries. To make an appointment for a consultation, call The Law Office of Carroll Drake, LC. at (301) 638-1280.