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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
– Listening to extremely loud music
– Looking out at something other than the road in front of you
– 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
– 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
Do I have to pay to speak with an attorney?
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.
What should I do immediately after I’ve been involved in a car accident?
Call the police and make sure an ambulance is sent as soon as possible. Make sure everyone involved in the accident is conscious and responsive. Stay at the scene even if the accident isn’t serious, the police should be called regardless and a police report should be filed. It is important when speaking to the police that you stick to the facts, do not speculate, and most importantly do not admit any fault. Make sure you take as many pictures as you can with your cell phone. Also, we suggest taking a picture of the other person’s license plate, their drivers license, and insurance information. The pictures should document any damage that is caused by both vehicles. Seek medical attention as soon as possible if injured, even if you do not feel any pain, you may be in a state of shock and could experience medical issues later on.
What should I do before leaving the scene of an accident?
After a car accident, it is important to collect as much information as possible. Document the names, addresses, license plates of any other vehicle involved in the accident. Either document the weather conditions at the time of the accident or take pictures of the scene surrounding the accident. If you believe that road maintenance or lack thereof was a factor in the accident – it is important to document this as well. After your immediate medical injuries have been taken into account, it is then time to speak with a lawyer immediately. The sooner you contact a lawyer, the more time you will have to successfully prepare a personal injury case. The team at Kats, Jamison & Associates will analyze your car/motorcycle accident and determine whether or not you have a claim. Through this process we will make sure to protect your rights and guard you from predatory insurance company practices.
How do I know if I have a personal injury case regarding a car accident?
If you are experiencing pain, injury, or financial damages as a result of someone else’s negligence. You may have a personal injury case. If the other driver was at fault or failed to follow the legal rules of the road – our car accident attorneys may be able to prove that the other party is liable for those damages. For example, if you were rear-ended in a car accident, typically the other driver is responsible for that accident and the insurance company could be liable for any damages
What should I expect the first few days following a car accident?
Within the first few days, you will receive communications from both your insurance company and the other driver’s insurance company. You may be contacted by your health insurance company, doctors, and even attorneys. The other driver’s insurance company may request that you sign medical authorizations so they can retrieve your medical records. Before you speak to any of these people or sign any documents, it is important that you seek legal counsel.
How do I pay for medical expenses while my case is pending?
You may have a difficult time paying for your medical expenses, even if you have health insurance. Make sure to bill any treatment as you normally would through your healthcare provider. Additionally, you may have medical payment coverage under your car insurance plan. This could be used to cover your co-pays and other medical expenses that your health insurance company may not cover initially.
What type of compensation should I expect to receive for my car accident case?
This is a difficult question to answer because it depends on many factors. If we are successful in proving that the other party is liable for your injuries and damages, you could be compensated for medical bills and any other hospital costs, lost wages, costs of rehabilitation and physical therapy, disability or disfigurement, pain and suffering, wrongful death, including loss of financial support and any other out of pocket expense that was related to your accident.
How long will it take to complete my case?
After a car accident, it is important to collect as much information as possible. Document the names, addresses, license plates of anDepending on the severity of your injuries and the length of time you need to heal from your injuries will determine the length of your claim. We also have to factor in the willingness of the other party to settle as they make their initial offer. If unreasonable offers are made, your claim may proceed to trial, which will increase the length of your claim.y other vehicle involved in the accident. Either document the weather conditions at the time of the accident or take pictures of the scene surrounding the accident. If you believe that road maintenance or lack thereof was a factor in the accident – it is important to document this as well. After your immediate medical injuries have been taken into account, it is then time to speak with a lawyer immediately. The sooner you contact a lawyer, the more time you will have to successfully prepare a personal injury case. The team at Kats, Jamison & Associates will analyze your car/motorcycle accident and determine whether or not you have a claim. Through this process we will make sure to protect your rights and guard you from predatory insurance company practices.
What are the fees for representing me in a car accident case?
At Kats, Jamison & Associates all personal injury accident cases are handled on a contingency-fee-basis. This means that we will never charge you upfront for any cost and we will advance all costs and expenses. You will not have to reimburse our Firm for any costs unless we are successful. You will pay absolutely nothing for lawyers’ fees unless we win a monetary sum in your case.