Human beings are easily distracted. Our consciousness is wired to process incoming threats as fast as possible, and in defending ourselves from potentially harmful surprises, people can become distracted on the road at any time.
Distracted driving has become punished more severely in recent years. For example, in 2012, Ohio outlawed texting or emailing while operating a vehicle. According to Ohio Revised Code Section 4511.204, using a phone while driving carries a small fine. More importantly, it establishes the legal basis of a tort for which negligent drivers can be sued for damages if they cause another person to get hurt.
Everyone makes mistakes, but those mistakes may carry grave consequences if someone is behind the wheel of a heavy vehicle. If you believe a distracted driver negligently caused you harm, a Marion distracted driving accident lawyer at Bressman Law may represent your interests and garnish a settlement on your behalf. Call us today for a free consultation about your options at (614) 538-1116.
Victims May Suffer Injuries from Distracted Driving Accidents
Distracted driving can cause severe injuries and death. Other potential injuries include:
- Whiplash
- Traumatic brain injuries (TBIs)
- Contusions
- Lacerations
- Burns
- Broken bones
- Torn ligaments
- Chipped teeth
- Post-traumatic stress disorder (PTSD)
- Coma
The risks of distracted driving can be severe. This is a crime, and it does have victims.
If you were harmed by a driver who was violating the texting while driving law, you might be entitled to compensation for your injuries. People who were hurt in Marion County, Ohio, may choose to work with a Marion distracted driving lawyer. Bressman Law may take on your case and pursue your legal interests while you focus on recovering your physical and mental health. Call Bressman Law today at (614) 538-1116.
For a free legal consultation with a distracted driving accident attorney in Marion, call (614) 538-1116
Victims of Distracted Driving May Have Multiple Legal Damages
If you were hit by a driver who was distracted or sending a text message, you might be entitled to financial damages for your losses. These damages are adjusted to account for expenses, such as:
- Medical invoices
- Therapy bills
- Prescription costs
- Transportation expenses
- Lost wages
- Missed bonuses or promotions
- Wrongful death expenses, if applicable
- Pain and suffering
Pain and suffering is typically the most difficult or subjective category to calculate. While different measuring strategies courts may factor in pain and suffering, these damages are typically correlated with the sum of the items above.
Causes of Distracted Driving
Some of the worst cases of distracted driving result from a mix of intoxication, speed, road rage, and drowsiness. These mistakes may be the last a person makes, but tragically they may take other innocent bystanders with them.
Distracted driving accidents can be dangerous and can result in head-on collisions, side-impact collisions, rear-end collisions, tree collisions, or rollover collisions.
Distractions often stem from:
- Texting while driving
- Using an electronic device while driving, such as a laptop or watch
- Passenger interaction
- Eating
- Shaving or putting on makeup
- Smoking
- Changing clothes
- Looking at advertising or billboards
These examples are only some of the potential distractions found on Ohio roadways. In truth, the distraction is in the eye of the driver, so anything could technically be a distraction based on a driver’s unique personality and predisposition.
Marion Distracted Driving Accident Attorney (614) 538-1116
Comparative Negligence Might Affect Your Distracted Driving Accident Settlement
Ohio is a comparative fault state, according to the Ohio Revised Code Section 2315.33. This means that if a driver was distracted by their smartphone while an accident began, they may be deemed partially at fault, even if the other driver was negligent on the road.
In this way, both Ohio comparative negligence and distracted driving laws affect how much money people are paid at the end of their lawsuits. In essence, if someone ran a stop sign and hit you, but you were distracted on your phone (in violation of Ohio law), then you may be deemed to be partially at fault for the collision. Your court would then assess a percentage fault to you based on the facts, and your overall damage amount would be divided down proportionately by that percentage and shared with the other parties in the case. Many people value working with a Marion distracted driving accident lawyer, who may be able to fight claims of comparative or contributory negligence in the car collision aftermath.
Using a phone while driving is a common way people lose out on the full potential value of a legal claim in a collision. This is why we recommend having a passenger operate your phone for you, pulling over, or waiting until you arrive at your destination to deal with it. Saving a few seconds is a bitter consolation if the distraction it raises results in a collision or, worse, death.
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File Your Claim Within the Ohio Statute of Limitations
People injured in Ohio legally generally have two years to initiate their lawsuit in court, according to Ohio Revised Code Section 2305.10. If you do not file within this time frame, you may forfeit your rights to compensation.
Pursuing a serious claim to personal injury requires immediate action. There is a laundry list of urgent items that need fast attention, such as:
- Confirming that a police report was filed and is accurate
- Confirming your medical records are accurate
- Filing a claim and letter of demand with appropriate insurance agencies
- Photographing or collecting perishable evidence from the field
- Procuring witness testimony
- Filing many other different types of time-sensitive paperwork
This can be a difficult, challenging, and frustrating ordeal for a person to manage. Due to the seriousness of a person’s injuries, many people in this position choose to work with a Marion distracted driving accident lawyer, such as one at Bressman Law.
We have been serving clients who bring Ohio distracted driving cases and are prepared to take your case to court. If you have more questions or would like a free consultation, give us a call today at (614) 538-1116.
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