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Pendergast Law Personal Injury Lawyers

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Distracted driving and preparing for your lawsuit

On Behalf of | Aug 29, 2022 | Car Accidents

We’ve all heard about the dangers of distracted driving. The information out there is so prevalent that it may cause some drivers to tune it out. Yet, this information is critically important to ensure that your teen driver stays safe and that other motorists can act appropriately on the road. It can also help everyone realize the importance of defensive driving.

The risks associated with distracted driving

Distracted driving can occur in a lot of different ways. Texting while driving is one of the biggest forms of distraction, but even doing something as minor as scanning the radio and interacting with passengers can affect one’s driving ability. Other distracting behaviors include eating, fiddling with a navigation device, looking for something in the cabin of the vehicle, and looking at things off the road such as billboards, businesses and even car accidents.

But why is it problematic to take one’s eyes off the road for just a few seconds? To start, things can change in the blink of an eye. In a matter of seconds, a car in front of you may slam on its brakes, someone may make an abrupt lane change in front of you, or a traffic signal may turn red. Also, depending on the speed at which one is travelling, taking eyes off the road can cause a significant distance, sometimes even the length of a football field, to pass without the driver seeing any of it.

This momentary distraction, then, can cause dangerous driving maneuvers. For example, a motorist who takes his eyes off the road may veer into oncoming traffic, blow through a stop sign or traffic light, or fail to stop for slowed traffic. Any accident caused by one of these errors can be tragic, leaving you or your loved one with significant damages.

Proving your distracted driving case

If you’ve already been injured in one of these wrecks, then you might be wondering what you can do to build a personal injury claim against the driver who harmed you. It can be a tricky matter, depending on the circumstances of your case, but the good news is that you probably don’t even have to prove that the other driver was distracted, although doing so will certainly strengthen your case.

Instead, you’ll probably just have to show that the other driver’s actions are indicative of negligence. This may include that the other driver:

  • Sped
  • Failed to maintain his lane
  • Failed to abide by a traffic signal or stop sign
  • Failed to slow down to avoid a rear-end collision
  • Suddenly and unjustifiably hit the brakes

These are just a few of the actions that may support your case, but remember, you’re going to need evidence to support your arguments. With that in mind, you may want to consider obtaining your police report, talking to witnesses, and even consulting with an expert who can help you analyze the facts of the accident to determine fault.

Fighting for the outcome you deserve

A distracted driving accident can take a physical, emotional, and financial toll on you and your family. But you may be able to stem the damage by aggressively pursuing a personal injury lawsuit. The process may seem daunting, but the truth of the matter is that you don’t have to try to navigate it on your own.

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