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There can be no doubt that distracted driving is one of the most dangerous trends across the US, but data from the California Office of Traffic Safety (OTS) reveal the severity of the problem statewide. Almost 60 percent of survey respondents reported that they had been hit or nearly struck by a motorist who was using a cellphone at the time. This figure may not be so shocking when you learn that distracted drivers are more than three times more likely to cause a car accident. Unfortunately, their careless acts kill more than 3,100 people in the US every year.
While you cannot prevent motorists from distracted driving, you do have legal remedies as the victim of a crash. Our car collision attorneys at the Solution Now Law Firm can tell you more about them, so please contact our office to schedule a free consultation with a San Jose distracted driving accident lawyer right away. You may also find it useful to review some information about your options.
In a car accident claim, you need to prove the essential elements of a case based upon negligence, which include:
There are many ways a driver can breach the duty described in element #2, and driving while distracted is one example. Texting, talking, surfing the internet, posting to social media take the motorist’s attention away from driving, increasing the likelihood of a collision. Plus, there are other forms of distracted driving that do not involve a cell phone, including eating, interacting with passengers, adjusting the radio, and many others. A San Jose distracted driving crash attorney could help prove that the at-fault driver was not paying attention to the road.
As with any other accident case, you initiate the legal process by filing a claim with the responsible driver’s insurance company. Even if you have solid proof of the four elements described above, insurers are reluctant to pay claims because they result in a loss for the company. Your next step after a denied claim is filing a lawsuit in court.
Our distracted driving crash lawyers at the Solution Now Law Firm can assist with the insurance claims process by preparing the necessary documents, gathering evidence, and discussing settlement. We are equally prepared to represent you in court, so we will handle filing the lawsuit, discovery, motions, and other tasks. Our objective is to recover fair compensation for your losses, including:
To learn more about your rights and remedies as the victim of a collision, please contact the Solution Now Law Firm. We are happy to set up a complimentary case assessment with a San Jose distracted driving accidents lawyer who can explain the process for recovering compensation.