Accidents happen almost every day, and it’s impossible to predict them or fully prevent them. Even the most careful of drivers cannot fully steer clear of hazards or predict another driver’s next moves. If a motorist’s negligent actions injured you or a loved one, a Folsom distracted driving lawyer can help you recover your losses.
Distracted driving accidents can leave victims with a wide range of injuries. It may be in your best interests to get help ensuring your claim is compensated fairly. Get in touch with a Folsom car accident lawyer today to better understand your rights following a distracted driving accident.
How a Distracted Driving Lawyer Can Help
An experienced personal injury lawyer in Folsom can be a great resource and support network for victims. Here are some things our lawyers can help with:
- Conducting investigations, reviewing all police reports, and looking at medical records and injuries to fully ensure fault is proven clearly
- Establishing the best strategy in a settlement or advancing to trial to seek the necessary amount of compensation on your behalf.
- Being your support system and keeping you updated on all processes throughout the legal claims process so that you can focus on the most important thing: your recovery.
Some distracted driving accidents might be harder than others to determine fault for or file a claim for. Having a distracted driving attorney in Folsom help you down the right path legally is highly beneficial.
At Triumph Law, a skilled distracted driving lawyer in Folsom understands the difficulties following an accident. With medical bills, vehicle damages, and income losses, filing a legal claim can be the best way to recover the compensation you deserve.
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(916) 500-0000Distracted Driving Accidents and Their Common Injuries
In the United States alone, the Centers for Disease Control and Prevention (CDC) reports that there are close to 9 people who are killed daily from car accidents by distracted drivers. These accidents are very common and can occur for a number of reasons.
What Is Distracted Driving?
Distracted driving can fall under three categories:
- Visual: When a driver takes their eyes off the road, they could be distracted and cause an accident.
- Manual: This occurs when the driver does something manually in the vehicle that could cause an accident. Taking their hands off the wheel, changing the radio, fixing the seats, or something else that’s a manual action will fall into this category.
- Cognitive: If a driver takes their mind off the action of driving, this could cause accidents and will be a cognitive cause of accidents.
Common Injuries
The most common injuries associated with distracted driving accidents include:
- Head injuries or traumatic brain injuries
- Whiplash
- Spinal cord injuries
- Arm and leg fractures or broken bones
- Soft tissue damage
- Organ damage
- Contusions
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Determining Fault for a Distracted Driving Accident
The main key to any car accident claim is proving fault. If you are unable to prove that the other driver was at fault and caused your injuries, you likely won’t have a claim. Luckily, with a Folsom distracted driving attorney, proving fault can be done by doing the following:
- Checking phone records or sending text messages to see if a cell phone was being utilized at the time of the accident.
- Looking at traffic or any other security footage to see if the driver was doing anything apart from safe driving.
- Speaking with any eyewitnesses who saw the accident, to hear from another person what occurred.
- Collect the police reports and review their official determination.
- Working with specialists in accident reconstruction to determine who or what was likely to cause the accident.
Proving fault won’t happen overnight, so it’s important to get going with your claim as soon as you are injured. This will also ensure you are following the statute of limitations in California. This statute is a legal timeframe that sets a limit to the amount of time following injuries or losses to legally get compensation.
In California, the statute of limitations is two years from the exact date where you were injured. If you enlist the help of a Folsom distracted driving accident lawyer, you can get started as soon as possible.
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Types of Compensation You Could Claim
In car accidents from distracted driving, there are a few types of compensation you could recover as the victim. The two main types of compensation are awarded to victims so that they can cover all direct losses from a car accident. Punitive damages, which are not as common to receive after a car accident, are made to punish the at-fault driver.
Here are the three types of compensation mentioned above:
- Economic damages: Economic damages are all tangible losses victims have sustained. These types of damages will likely have a set monetary value attached to them, making them relatively easy to calculate. Medical bills, lost wages, rehabilitation costs, vehicle damages, and surgeries will fall under this category.
- Non-economic damages: Non-economic damages are all other things that won’t fall into the category above. They will likely encompass intangible things such as pain and suffering, mental anguish, and loss of enjoyment of life.
- Punitive damages: As mentioned, these damages aren’t regularly rewarded in the average car accident. Punitive damages are only awarded to the victim to punish the driver at fault if they acted very negligently and recklessly, causing serious injury and damage.
Focus on Your Recovery, Let Us Do the Rest
For over 20 years, Triumph Law has helped victims of multiple types of car accidents recover the compensation they deserve. Our firm knows what it takes to successfully recover the full value of our client’s losses. Schedule a free consultation to discuss the details of your case today.