Columbia Distracted Driving Accidents Lawyer
Eight people die in the United States each day due to a distracted driver, according to the CDC. Distracted driving plays a role in nearly all traffic collisions, and is heavily underreported in police investigations of injury-causing and fatal crashes. Whether the driver who injured you was found to be driving distracted or not, you have the right to file a personal injury claim against them for your damages. The Columbia distracted driver accident lawyers at Simmons Law Firm can help you prove that the other party caused the crash, and hold them and their insurance company liable.
Establishing Fault in a Distracted Driving Claim
The first step in a successful personal injury claim is establishing fault. Often, the police get things right and accurately reflect what happened in the official accident report. Sometimes, they do not get things 100 percent right, and either leave fault ambiguous, or even place partial blame on you, even if you did nothing wrong. In these types of cases, it becomes necessary to prove that the other party caused the crash. In some cases, establishing how they caused the crash—by being distracted—can also be an asset to your personal injury claim. Examples of evidence that we may use in your case includes:
- Police report;
- Damage to each vehicle;
- Debris at the scene of the crash;
- Photos of the crash scene;
- Expert witnesses;
- Crash reconstruction experts;
- Video evidence from dash cams;
- Eyewitness reports; and
- Subpoenaing phone records (to show that the at-fault driver was texting or talking on the phone during the crash.
Examples of Distracted Driving
While much blame and focus is placed on teen distracted driving, the truth is that drivers of all ages routinely drive distracted. According to a recent study published in Science Direct, 60 percent of all study participants reported using their cell phone for a reading or writing activity (texting, email, using maps, social media, etc.) within the past 30 days. Other studies have found the same, or even more disturbing results. Distracted driving includes anything that takes the driver’s eyes away from the road, their hands off the wheel, and/or their mind off the task of driving. Often, drivers who cause crashes are engaged in multiple forms of distracted driving at the same time. Examples of distracted driving include:
- Using a cell phone for any purpose (texting, talking, GPS function, etc.);
- Using a hands free device to talk on the phone;
- Using a GPS device;
- Adjusting the radio or music;
- Eating or drinking;
- Talking to passengers and making eye contact;
- Reaching for items in the back seat;
- Attending to children;
- Staring out the side window; and
- Daydreaming.
Contact a Columbia Distracted Driving Personal Injury Attorney Today
Distracted driving may be common, and most drivers engage in some form of it every time they get behind the wheel, but that does not absolve the driver who injured you from fault. To hold them accountable, call the Columbia distracted driving attorneys at Simmons Law Firm today at 803-779-4600 to schedule a free consultation.
