Drivers who are distracted and cause accidents that harm others are usually negligent according to the law. If you were the victim of a distracted driving accident, you could hold the driver responsible under West Virginia law. With the help of a skilled West Virginia car accident attorney, you could recover monetary compensation for your accident and get the justice you deserve. At Salango Law, PLLC, your lawyer can help you pursue a claim against those responsible for your pain, suffering, and injuries.
Salango Law, PLLC, has a wealth of experience with distracted driving cases. Our dedicated team of personal injury lawyers understands the complexities of West Virginia personal injury law and has the expertise to help you build a strong case. Your lawyer can help you gather evidence supporting your case, including police reports, photographs and records of the accident, witness testimony, and evidence specific to your case. If the driver responsible for your injury attempts to evade responsibility, your attorney can step in and refute their claims. With Salango Law, PLLC, at your side, you can confidently approach your Charleston car accident case. For a free consultation, call Salango Law, PLLC, at 304-342-0512.
What Are The Types Of Distracted Driving That Lead To Car Accidents?
Drivers who take their attention off the wheel — even if only for a few seconds — can cause devastating harm to other people, injuring other drivers, passengers, and pedestrians. Injuries can lead to hospitalizations, numerous medical appointments, lengthy rehabilitation, life-long complications, and, in some cases, death. Financial distress can be just as difficult as physical pain and injuries for victims.
If a distracted driving car accident injures you, you could face high medical costs. Your insurance plan may only cover some of your expenses even if you have coverage. Fees from the initial emergency room visit, hospitalization, appointments with specialists, and rehabilitation and physical therapy costs can compound a tremendous financial burden on West Virginia victims of distracted driving. Those left with long-term disabilities can also face the costs of new materials and equipment. For example, a person paralyzed by an accident may need to purchase a wheelchair ramp for their home.
The time victims spend recovering can also contribute to economic loss. Individuals can lose wages and the opportunity to work and make an income while they recover. If the accident made them unable to return to their employment, they might have to find a new job — a tremendous burden.
What Is Distracted Driving?
While car accidents are always unfortunate, incidents resulting from carelessness are particularly egregious, and victims deserve compensation. In many cases, when the person who caused the accident was distracted, they are legally responsible for compensating victims.
According to DistractedDriving.Org, distracted driving happens when the driver’s attention diverts to something in the vehicle while the vehicle is in motion.
Distracted driving comes in many forms. One considerable form of distracting driving is texting or using a phone while driving. West Virginia law prohibits conducting a vehicle on a public street or highway while texting, using a cell phone, or operating a voice radio. Although using a hands-free device while driving is not a crime in West Virginia, it can lead to negligence and civil liability.
Using the phone is just one way a driver could be distracted. Eating while driving, applying makeup, changing the radio, playing loud music, adjusting the GPS, or reaching for an object can also take a driver’s attention away from the road and pose a danger to others. Passengers can distract drivers and contribute to accidents.
How Do You Establish Responsibility?
When people drive, they have a duty of care to drive safely and refrain from distracted driving. When they breach that duty by allowing themselves to lose focus and become distracted, they can be legally responsible for the resultant accident.
Negligence is a legal theory that forms the basis for many personal injury lawsuits, including distracted driving cases. To recover compensation for your distracted driving accident, you may need to show that the other driver was negligent and thus responsible for compensating you for your suffering and medical losses.
Four elements comprise negligence. A successful claim requires individuals to establish all four components of negligence. If you were the victim of another driver’s carelessness, a Salango Law, PLLC attorney could help you prove that the driver was at fault.
- Duty is the first element of negligence. You must show that the driver owed you a duty of care. As a fellow user of the road, the driver owes you a responsibility to act carefully.
- Second, you must show that the driver breached their duty of care to you. In other words, they acted carelessly and created danger. When a driver picks up their phone to read a message, they breach their duty to others on the road who are counting on them to exercise due care.
- Third, you must prove that the distracted driver caused or substantially contributed to the accident. Causation is crucial because inattentive drivers who never harm others might get a traffic violation but will likely not face civil liability. The element of causation can be particularly challenging to establish.
What Evidence Can You Use To Support Your Case?
At Salango Law, PLLC, we help our clients assemble evidence to support their cases. In cases where the driver was using the phone while driving, we can use phone records to show that the driver was operating the phone at the time of the accident. This can be crucial to show that the driver was negligent and breached their duty of care.
We can also see if there were any cameras nearby the accident scene that recorded the crash. For example, a gas station security camera could show a driver exiting a gas station while texting and colliding with a car in the street.
Accident reports can also help us build a case. Crash reports detail what happened during a car accident and are crucial to filing insurance claims.
We can also get testimony from those who witnessed the accident. Bystanders may have observed that the driver was distracted.
Contact A West Virginia Distracted Driving Lawyer
An accident from distracted driving can happen in an instant. When a driver takes their eyes off the wheel, an accident can follow so quickly that some victims might not even be sure that an inattentive driver is to blame for their suffering. If you suspect that distracted driving contributed to your accident, contact our Charleston distracted driving lawyers at Salango Law, PLLC. Even if you are unsure that the driver was distracted, we can help you explore your legal options. A review of witness testimony, police reports, and the driver’s phone records could indicate carelessness. To learn more about pursuing a case against an inattentive driver in West Virginia, contact Salango Law, PLLC. Call (304) 342-0512 for a free consultation.