A distracted driver has acted in an irresponsible manner. Your lawyer can show you what to do and how to file a claim against that individual.
Working with an Attorney After a Distracted Driver Accident
Distracted drivers cause millions of dollars in property damage and personal injuries every year. If you suffered a broken bone, whiplash or any other injuries because a driver took his or her eyes off the road, you can file a claim against that driver. A good lawyer can help you decide when to settle with an insurer and when to take the case to court.
Settling Distracted Driver Claims
The law refers to distracted drivers as those who cause accidents because of distractions in their vehicles or on the road, including drivers who play with the radio, text or talk on their cellphones, or take their eyes off the road to talk with others in the car. As long as that driver has the proper amount of insurance, you can usually settle a claim with the insurer to cover your medical bills and repair costs. Some insurers may also offer a small amount to compensate for your emotional pain and suffering.
Turning Down a Settlement
A personal injury lawyer may recommend that you turn down a settlement offer because it does not fully compensate you. This often occurs when the driver does not have enough insurance coverage to cover all your bills. When you go to court, you may receive a judgment that requires the insurer to pay you up to the driver’s limit and a separate judgment that requires the driver pay a certain amount out of pocket. Going to court can also help you get more money to cover the therapy you need after the accident and cash to pay your bills until you fully recuperate.
Compensation from Distracted Drivers
Drivers must behave in a responsible manner when getting behind the wheel of a car. If a distracted driver damages your car and causes injuries to one or more people, you deserve compensation. You may wish to talk with your lawyer about whether you should settle with the insurer or go to court.