The dangers of distracted driving have been well documented over the past decade and most states have enacted new laws to prevent drivers from driving while distracted. For example, Georgia has banned the use of all handheld cell phone use (e.g., texting), while driving.
Unfortunately, many people choose to ignore these laws and engage in distracted driving behaviors anyway. As a result, over 3,000 people are killed in distracted driving accidents each year and countless more are injured.
There are several forms of distracted driving including:
- Visual: Distractions that require you to look away from the road.
- Manual: Distractions that require you to take your hands off the wheel.
- Cognitive: Mental distractions that cause you to lose focus while driving.
What should I do if my accident was caused by a distracted driver?
If you suffered injuries in a collision involving a distracted driver, you may be entitled to both economic and non-economic damages. These damages may cover:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Physical impairment
To recover these damages, you may file a lawsuit against the distracted driver, asserting negligence. Proving negligence requires you to establish that the distracted driver breached a duty owed to you by operating his or her vehicle in an unsafe manner. You will also need to show that the driver’s breach of duty caused your motor vehicle accident and your resulting injuries.
Police reports, witness testimony, accident reconstructionist testimony, and photos/videos from the scene of the accident can help establish what happened. Medical expert testimony and treatment records can also help establish the nature and extent of your injuries.
If you are interested in filing a lawsuit against the distracted driver who caused your accident, consider meeting with a personal injury attorney in your area.