Distracted drivers cause thousands of deadly car wrecks every year. With more drivers using cell phones to talk, text, email, and access apps while driving, the rate of distraction-related crashes is only increasing. Every driver assumes a duty of care when he or she gets behind the wheel. Breaching this duty by using a mobile device, watching videos, eating, drinking, or fiddling with the radio is negligence by law. If a distracted driver caused or contributed to your Birmingham car wreck, contact Powers Injury Law as soon as possible.
Prove Distracted Driving After a Wreck
Obtaining compensation for your physical injuries, pain and suffering, medical bills, and lost wages hinges on your ability to prove the other driver’s fault. The passionate lawyers at Powers Injury Law are excellent assets to you in this respect – we have the skills, resources, and industry knowledge to gather evidence and use it to its fullest potential on your behalf. We know all about the four elements needed to prove a distracted driver case:
- The driver owed you a standard of care. This element is simple – every other driver on the roadway owes you a duty of care, just as you do when you get behind the wheel.
- The driver failed in his/her standards of care. A distracted driver cannot adequately react to changing roadway situations in time to avoid a collision. This is a breach of his/her duty to provide for the reasonable safety of other drivers, passengers, and pedestrians.
- The driver’s distraction caused your collision. The driver’s actions must have contributed to your crash for you to pursue a claim against the driver.
- The collision resulted in damages. If you sustained physical injuries, expensive medical bills, lost wages at work, or property harm, the collision resulted in damages.
When it comes to proving fault in a distracted driver wreck, we know our stuff. Our team can access the other driver’s phone records to find out whether he or she was active in the moments leading up to the crash. We can also gather any video footage available of the collision or the driver’s behavior in the hours before the crash.
Seek Compensation for Your Damages
A car crash with a distracted driver can result in various physical injuries and personal damages, including mental and emotional distress. In the aftermath of a crash, you may have neck and back pain, spinal cord injuries, brain injuries, broken bones, or other instances of physical harm that leave you temporarily or permanently disabled. In these situations, you owe it to yourself to seek compensation through the Birmingham civil courts.
A personal injury lawyer or Birmingham Wrongful death attorney can take over communication with insurance claims adjusters on your behalf, negotiating a just settlement. If we can’t negotiate a fair amount, we’ll take your claim to trial, if need be. We will do what it takes to argue for payment of a disability, lost earning capacity, and/or lost quality of life in the event of a catastrophic incident. In Alabama, you must file a claim within two years of the date of your distracted driver crash. After this time period, you lose your right to file.
It is imperative to contact us right away after a personal injury incident, so we can take steps to protect important evidence from destruction and begin on the appropriate paperwork. Alabama is a contributory negligence state, meaning the courts can issue pretty harsh verdicts on crash victims. If the courts find you even 5% responsible for a collision, you won’t receive any compensation. This is why it’s so important to partner with an attorney you can count on. Call (205) 582-2723 to schedule your free consultation with Powers Injury Law.