Columbia Distracted Driving Accident Attorney
Were you side-swiped by a texting driver? Did another driver run a red light and T-bone you in the middle of a busy intersection? Chances are, they were distracted. Distracted driving is one of the most common causes of traffic collisions, and Columbia distracted driving accident attorney Marc Brown can help you seek justice by filing a personal injury claim against that party for the full extent of the damages they caused.
What is Considered Distracted Driving?
Distracted driving occurs whenever a driver engages in anything other than the task of driving. Simply talking to a passenger is a form of distracted driving, though we all agree that this is normal and acceptable behavior, as long as the conversation does not pull too much of the driver’s attention away from driving. There are three forms of distracted driving: visual, cognitive, and physical (taking hands off the steering wheel). Examples of distracted driving include:
- Making or receiving calls
- Changing the music
- Reaching in the passenger seat or rear seat for objects
- Navigating with a GPS device or phone
Distracted Driving is at an all Time High Due to Cell Phone Use
Any type of cell phone use behind the wheel is a major distraction, as it usually involves all three types of distraction (visual, cognitive, and physical). And because more and more drivers use a cell phone when they drive, distracted driving crashes are on the rise.
Establishing Negligence in a Columbia Distracted Driver Claim
It most likely is not necessary to prove that the other driver was distracted. For example, subpoenaing their cell phone record to show they were texting and driving is likely not imperative to the success of your personal injury claim. However, it is necessary to prove fault, such as establishing that they were speeding, tailgating, or failing to check the lane next to them before merging—all things that happen when a driver is distracted. Usually, the official law enforcement investigation will correctly establish fault in a traffic collision. Sometimes, however, it may be necessary for the victim to accomplish this (along with the help of their lawyer). In addition to establishing the other driver’s negligence, the injured victim must establish the financial cost of their damages, including medical expenses, future medical expenses, lost wages, pain and suffering, and more.
Damages in a Distracted Driving Claim
- Medical expenses
- Future medical expenses
- Pain and suffering
- Lost wages and lost earning capacity
- Loss of joy of life
- Emotional distress
- Property damage
Call a Columbia Distracted Driving Accident Lawyer Today
Our roadways are not a safe place. They require everyone using them to be paying full attention to what they are doing at all times. Drivers who text, check their social media accounts, or otherwise fail to pay attention to what they are doing inevitably cause serious injuries to other road users, such as yourself. To hold them accountable, we urge you to call Columbia distracted driving attorney Marc Brown today at (803) 848-0008 to schedule a free consultation.