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Did A Distracted Driver Cause Your Auto Accident?
If you or a loved one sustained injuries in a car accident due to a carelessness or distracted driver, the lawyers at Kats, Jamison & Associates could help you with filing a personal injury cause.
Types of Distracted Driving
– Cognitive – distractions occur when drivers allow their mind to wander off instead of focusing on the road and things around them.
– Manual – distractions occur when drivers take their hands off the steering wheels.
– Visual – distractions occur when drivers take their eyes off the road for a variety of different reasons.
There are some cases, which are particularly dangerous, where a driver is distracted with a combination of any of the three categories listed above. For example, a person who is scrolling through their FaceBook news feed is visually distracted, as well as manually distracted as one hand is holding the phone instead of the steering wheel. They may also be commenting on a post which adds the third category, cognitive distractions.
Depending on the type(s) of distraction or combination of distractions could create very dangerous circumstances. Here are a list of distractions that commonly occur and should be avoided as much as possible if you want to be a responsible driver:
– Adjusting the radio
– Applying makeup
– Eating
– Grooming
– Listening to extremely loud music
– Looking out at something other than the road in front of you
– Reading
– Talking on the phone
– Using a GPS device
Statute of Limitations in Distracted Driving Cases In Pennsylvania
The timing of your case is very important, so contact an experienced and knowledgeable personal injury lawyer as soon as possible.
Distracted Driver Statistics and Laws
If you believe that a distracted driver caused your car accident or personal injury, have an experienced and knowledgable Northeast Philadelphia personal injury lawyer review your case to determine whether you have a valid injury claim.
Distracted Driver Laws for Commercial Vehicle Drivers
Commercial vehicles typically include large trucks, vans, and tractor-trailers. Due to their size and weight, these vehicles often have more kinetic energy during impact which could cause serious accidents and devastating injuries to occur. This is especially the case when a driver is distracted at the wheel. When commercial drivers violate the law and cause accidents, their employers and or insurance companies will often be liable for any damages that are to occur.
Children Causing Distracted Driver Accidents
– Misbehaving – if a child starts misbehaving or throwing a tantrum, it could be easy for a driver to get distracted and lose control of their vehicle.
– Roughhousing – if there are a number of children fighting in the backseat of the car, the driver may have to physically turn around to intervene, therefor losing focus on the road and potentially creating the situation for a car accident.
– Conversations with children – in cases where a driver is trying to calm down a child, or help them find a lost item, the parent’s attention is taken away from the road, which could significantly increasing the risk of an automobile accident.
Proving Distracted Driving Caes in Bucks County & Montgomery County
In distracted driver cases, the injured party always has the responsibility of proving negligence on the other driver or party. To prove negligence in a car accident that was caused by a distracted driver, the injured accident victim must prove the following:
– Cause – The plaintiff must show that the distracted driver created the situation necessary for the accident to occur.
– Damages – Calculation of damages both economic and non-economic.
– Duty – Being a privileged driver holds the responsibility and duty to drive in a reasonable and careful way. In distracted driving cases, drivers are held to the same standard of care of a “reasonable person” who operates a motor vehicle under the same or similar circumstances.
– Violation of the duty of care – Potentially it is possible to prove that a driver must have breached the applicable duty of care.
For example if they answered a phone call while driving and caused and accident.
Potential Damages in Distracted Driving Car Accidents
– Disability
– Emotional distress
– Inconvenience of life
– Loss of companionship
– Loss of enjoyment of life
– Lost earning capacity
– Mental anguish
– Pain and suffering
– Permanent damages
– Psychological sufering or (PTSD)
Negotiating with Insurance Companies After a Distracted Driving Car Accident
Contact a Bucks County Personal Injury Attorney Today for a Free Consultation
Marina Kats firm Kats, Jamison & Associates have been helping victims of personal injury cases for more than 33 years. For a free, non-commitment consultation, please give our office a call and schedule an appointment.
To receive a free consultation, please call our offices to schedule an appointment for your personal injury case at 215-396-9001.
Frequently Asked Questions
Philly Lawyers offers free case reviews so that you can better understand your legal options. This means you pay nothing for your first consultation. Additionally, Kats, Jamison & Associates works on a contingency fee basis meaning that if you do choose to hire us, you pay us nothing unless and until we win your case.