Distracted Drivers Kill and Injure Thousands Each Year. That’s Why You May Need a Distracted Driving Accident Attorney.
The technology we hold in our hands and find in our cars keeps us connected, points us in the right direction, and entertains us. They can also be deadly.
Whether caused by texting, cell phone use, or any other behaviors that take a driver’s eyes off the road or hands off the wheel, distracted driving injures and kills people every single day in the United States. Distracted driving took the lives of 3,142 Americans and injured over 400,000 more in 2019, according to the National Highway Traffic Safety Administration (NHTSA).
These senseless tragedies persist despite years of campaigns warning of the dangers of distracted driving. Drivers who engage in such reckless and irresponsible behavior upend countless lives, leaving innocent victims reeling from injuries and family members grieving the loss of a parent, child, spouse, or other loved one. If you suffered injuries or had someone taken from your life because of a distracted driver, you need help, and you deserve compensation and justice for your losses.
At Berman & Simmons, our experienced Maine distracted driving accident attorneys have seen the catastrophic consequences caused by such conduct. With compassion, commitment, and a relentless determination to help you any way we can, our attorneys work tirelessly to get you the resources to help you recover and move forward. Our attorneys bring decades of experience and unmatched resources on behalf of distracted driving accident victims. We have built a lengthy track record of success, obtaining over $1 billion in compensation for injury victims and their families.
Texting Is One of Many Causes of Distracted Driving Accidents
Understandably, texting and using a cell phone while driving are the first things most people equate with distracted driving. Indeed, cell phone use is the most prominent distraction causing drivers to take their eyes off the road. But distractions have existed since the first motorist took the wheel over a century ago. Plenty of other activities and behaviors beyond phone use continue to cause distracted driving accidents and injuries.
The NHTSA defines distracted driving as “any non-driving activity a person engages in that has the potential to distract him or her from the primary task of driving and increase the risk of crashing.”
Distracted driving behaviors fall into three categories, according to the NHTSA:
- Visual distractions, which take your eyes off the road.
- Manual distractions, which take your hands off the wheel.
- Cognitive distractions, which take your mind off your point of focus.
Texting is particularly dangerous because it involves all three types of distractions. But other common behaviors also distract drivers’ eyes, hands, or minds.
Many things we do or see all the time while driving could lead to distracted driving accidents as well, even if we don’t think of them as “distractions.” Adjusting the volume or changing the station on your radio? Distraction. Turning around to tell your kids in the backseat to stop fighting? Distraction. That picturesque landscape outside your window? Distraction.
Other distractions that frequently lead to crashes include:
- Eating and drinking.
- Applying makeup.
- Brushing hair.
- Watching video.
- Talking with other passengers.
- Using a GPS.
How a Distracted Driving Accident Attorney Can Help
Proving that the driver who injured you was distracted by their phone or other factors can be the key to holding the driver accountable and getting you compensation for your injuries and losses.
An experienced distracted driving accident attorney can use several types of evidence to demonstrate that the driver who injured you or took the life of your loved one was distracted at the time of the crash:
- What you saw. You may not be able to see a drunk driver’s blood alcohol level or know how much sleep a drowsy driver had the night before an accident. But in many distracted driving cases, an injury victim may have observed the other driver swerving, looking down at their phone, applying lipstick, or eating a cheeseburger immediately before the collision. If you saw behavior that could constitute distracted driving, you can and should report it to the police officer who arrives at the scene. They can put that information in their report, which could be admitted as evidence in your car accident case, as can your own testimony about the driver’s behavior.
- What other people saw. Similarly, if other people saw the crash – passengers, other drivers, bystanders – they may have noticed what the driver was doing at the time of the accident. Police can take their statements, and if you have obtained their names and contact information, your distracted driving accident lawyer can take their depositions and have them testify at trial.
- The driver’s phone records. If the driver was using their phone or texting when the crash occurred, your lawyer can obtain records reflecting the exact time and nature of their phone use from the driver’s cellular carrier or the device itself. If the driver sent or received a text at 2:36 p.m. and slammed into another car at that same time, that can be powerful evidence that the defendant was looking at something other than the road.
- Crash data recorder. Forensic accident reconstructionists, trained in downloading and interpreting “black box” data, can provide evidence of distracted driving. When combined with other evidence gathered from the crash scene, this data can be helpful in proving negligence and liability.
Contact a Maine Distracted Driving Accident Attorney at Berman & Simmons for a Free Consultation
At Berman & Simmons, our distracted driving accident attorneys have the advocacy skills, courtroom acumen, and relentless commitment to our clients’ well-being to get them the compensation they need after a crash turns their lives upside-down. But we also understand that distracted driving accident victims and their families may need more than a trial lawyer to help them through the challenges that follow a serious car accident.
That is why we’ll take the time to listen to your story and understand your concerns. That is why we provide guidance and direction on everything from medical care to insurance issues. That is why we stand by your side at every step until your matter is concluded. We want you to focus on your recovery while we focus on holding those who caused your injuries accountable for their actions.
Contact a distracted driving accident attorney at Berman & Simmons today for a free consultation to discuss your claim.
If you’ve been injured in a car crash, we’ll be there for you.
When we get behind the wheel, we are all at the mercy of drivers who put themselves and others at unnecessary risk of injury or death through such reckless and negligent conduct as:
- Driving under the influence
- Distracted driving
- Driving tired
- Disobeying traffic rules
- Failing to drive safely in dangerous weather conditions
When such misconduct upends lives and devastates families, the Maine car accident lawyers at Berman & Simmons stand ready to provide critical support and resources to injury victims. With unmatched legal skills and personal dedication, our lawyers fight to obtain the compensation that can help our clients recover just as we have done for countless New Englanders for over a century.
Committed to our clients, committed to being the best.
At Berman & Simmons, we are deeply committed to our clients’ well-being; that is why we are so relentless in our efforts to get them needed care and deserved compensation. We are also committed to leveraging our well-earned reputation for exceptional trial advocacy on behalf of injury victims.
For us, it is not enough to be the best personal injury trial firm in Maine. With our unique resources and talent, we strive to be among the best in the Country.
With unmatched resources and attorneys who bring decades of experience to car accident cases, we have a lengthy track record of success. We have obtained over $1 billion in compensation for injury victims and their families.
We recognize that car accident victims need help long before getting to the courtroom or the negotiating table. That is why we’ll take the time to listen to your story and understand your concerns, helping you navigate the unfamiliar and difficult challenges that come after a serious car crash. We want you to focus on your recovery while we focus on holding those responsible for your injuries accountable for their actions. This will include standing up to insurance companies that are all too often determined to deny claims and avoid accepting responsibility for the negligence of their drivers.
A Law Firm That Listens
Berman & Simmons is widely recognized as the best personal injury lawyers in Maine and among the best in the U.S., having won many of the largest jury verdicts and settlements ever obtained for injured people in Maine.
Our attorneys and staff members will take the time to listen to you, work to understand your concerns, and come up with solutions that can make your life better, including obtaining payment for or deferral of your debts until your case is resolved. We help you recover and make sure you receive full compensation for your injuries and loss.
Don’t wait, call us today: (207)784-3576
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The other insurance company is likely already building their client’s case against you.
Witnesses may become unavailable and evidence may be lost or degraded with time.
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You need peace of mind to focus on your recovery.
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How can a lawyer help after a distracted driving accident?
If a distracted driving accident causes you to suffer an injury, time out of work, or other losses, a personal injury lawyer can help you recover compensation. A lawsuit against a distracted driver is intended to bring the victim as close to “whole” as possible by paying out any expenses you incurred and for non-economic damages like pain and suffering, emotional trauma, and lost quality of life.
Personal injury attorneys generally work on a contingency basis, which means they only take a fee if your case succeeds. Their job is to get you the maximum compensation to which you are entitled under the law. While they generally need your cooperation to obtain the necessary paperwork and proceed with the case in court, your lawyer will do most of the work on your behalf.
Who is responsible for distracted driving?
It depends. In some accidents, both parties are responsible. One driver may have been texting while the other was intoxicated or speeding. The court will generally determine a percentage of fault to each party, and damages will be decided accordingly.
However, Maine is a modified comparative negligence state, meaning you must be less than 50 percent at fault for the accident to be entitled to any recovery. For example, if you are entitled to $100,000 but are found to be 20 percent at fault, you will receive $80,000.
If you are partially at fault for your accident, your personal injury attorney will formulate a persuasive theory of liability that paints you in the best possible light.
How many accidents are caused by distracted driving?
Distracted driving has been on the rise in the technological era. In 2019, 7 percent of all fatal driving crashes in the US were caused by distracted driving, with an estimated 27 percent of these crashes caused by cell phone use.
Other forms of distracted driving include eating or drinking, talking to passengers, grooming, reading maps, and using a navigation system.
If you are injured due to a distracted driver, a personal injury suit can help hold them accountable for their negligence. Lawsuits not only help compensate the victim for their losses, but they also help discourage reckless behavior and make the roads safer.