Distracted driving crashes are difficult to prove. If you or a loved one suffered injuries in an accident in Columbus or the surrounding areas, you need a skilled lawyer who has experience holding distracted drivers responsible for their negligent actions.
At Bressman Law, our legal team can help you get the compensation you deserve. Call 614-379-6669 today to schedule a free consultation and case review with one of our distracted driving accident lawyers in Columbus.
How does distracted driving occur?
Anything that takes a driver’s full attention off of the road in front of them constitutes distracted driving. This can include visual distractions, manual distractions where one or both hands leave the wheel, mental distractions, or a combination of the three. Talking on the phone and texting are common culprits. However, many other things can distract drivers. Other distracted driving behaviors we frequently see include:
- Using smartphone apps, including Facebook, Twitter, and other social media;
- Reading or typing emails;
- Using apps with voice-to-text technology;
- Making calls using Bluetooth and other wireless technology;
- Filming videos, taking photos, or taking selfies while driving;
- Entering information to a GPS or looking at the device;
- Searching for songs on a smartphone or mp3 device;
- Changing the radio station;
- Adjusting the air conditioning or heating;
- Eating while driving;
- Breaking up fights between children;
- Talking to passengers; and
- Tending to unrestrained pets.
For a free legal consultation with a distracted driving accident attorney in Columbus, call (614) 538-1116
Distracted Driving: How common are these accidents?
Because even a split-second distraction can cause a car accident, it is often difficult to prove a driver did not have their full attention on the road at the time of the crash. When you look at statistics from the National Highway Traffic Safety Administration (NHTSA), you see that only 10 percent of fatal accidents involved a distracted driver in 2015.
However, many safety organizations—including the American Automobile Association Foundation—believe the number may be much higher. The NHTSA gathers data from police departments and other agencies who file accident reports. When police are on the scene of a crash, they do not always have the benefit of knowing what occurred just before the collision. The only way they know a driver had their attention elsewhere is if the driver admits it or another witness sees them engaging in distracted behavior behind the wheel.
Even if the police report did not state the other driver caused your crash because of a distraction, we may be able to collect evidence to prove distracted driving occurred. This can give us extra leverage when filing a claim to recover compensation for your accident-related losses.
Columbus Distracted Driving Accident Attorney (614) 538-1116
How can we prove the other driver was driving while distracted at the time of the crash?
Before we can collect compensation for your damages through a third-party liability insurance claim against the at-fault driver, we have to supply enough evidence to prove they acted negligently. This can be difficult, since it is challenging to acquire evidence of distraction. To hold a driver liable for a distracted driving crash, we need to show:
- They had a duty to keep their full attention on the road;
- They allowed something to distract them from driving;
- This distraction caused a crash; and
- You suffered injuries in the collision.
In some cases, the police report may support our distracted driving claim. In others, we can use the traffic offenses on the police report to hold the driver liable without proving a distraction.
If neither tactic works in our favor, we may need to enlist the help of accident reconstruction specialists and other experts to help us prove your case. Using our knowledge and resources, we can often build a strong body of evidence that includes:
- Official accident reports;
- Pictures or videos of the crash and scene of the accident;
- Eyewitness testimony; and
- Expert testimony.
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What types of damages can I recover after a crash?
We can usually recover the compensation you deserve through a liability auto insurance claim without having to take your case to court. We collect the evidence necessary to prove your damages and put an estimated value on your claim.
To earn your maximum compensation, we need the at-fault driver, their lawyer, and their insurance company to understand the severe nature of your injuries and how they will impact your life in the future. We help them see this by providing:
- Your medical records;
- Your accident-related medical bills;
- Estimates of your ongoing care;
- Estimates for your future care needs;
- Expert witness testimony;
- Your past pay stubs and other employment documentation; and
- Receipts for your other accident-related expenses.
Then we aggressively pursue a settlement with the insurance company that will provide you with the compensation you need to cover your current and future losses. We can often recover compensation to help you pay for:
- Medical care;
- Therapy and rehabilitation;
- Counseling or psychiatric care;
- Future and ongoing care costs;
- Lost wages;
- Repair or replacement of your car;
- Car rental costs, if necessary;
- Other accident-related costs; and
- Pain and sufferingand other emotional damages.
Sometimes, the insurance company refuses to pay a fair settlement or outright denies our claim. If this happens, we may need to file a personal injury lawsuit in civil court to recover the money you need to pay your bills and cover the cost of future care. We litigate this type of case on a regular basis and can navigate the process for you.
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How Can I talk to a Distracted Driving Accident Lawyer in Columbus, OH?
If you suffered injuries in a Columbus auto accident because of a distracted driver, you need strong legal representation to help you prove your case and recover the compensation you deserve for the full range of your losses.
At Bressman Law, we can help you file a claim or pursue other legal action to hold the distracted driver liable for your accident. We will work to get you the maximum payment possible based on the facts of your case. Call us today at 614-379-6669 to talk with one of our distracted driving accident attorneys.