Billboards, stereo controls, smartphones, and kids in the back seat—modern life is full of distractions. When these distractions take a driver’s focus off the road, the results can be devastating. Distracted driving endangers not only the person behind the wheel but also everyone else on the road. It can lead to head-on collisions, rear-end crashes, failure to obey traffic signals, and even accidents involving bicyclists or pedestrians.
Distracted driving car accidents in Bear are serious incidents no one wants to experience. However, if you are injured in such a crash, you may have legal options to seek compensation for your losses. Consulting a skilled auto collision attorney can help you understand your situation and determine the best path forward.
Filing a Negligence Claim for Distracted Driving
Distracted driving is an example of negligence. Drivers have a duty to remain attentive to the road, and failing to do so can make them liable for injuries caused by their actions. To prove negligence in a distracted driving car wreck in Bear, the injured motorist must show the following things:
- The defendant (or distracted driver) owed a duty of care to the injured person
- The defendant violated the duty of care by driving in a negligent way
- The defendant’s distracted driving caused the motorist to become injured
- The motorist suffered measurable harm or losses due to the defendant’s actions
Although the driver’s negligence may seem obvious to the injured person, proving negligence legally can be tricky. That is why working with an experienced lawyer is so important. A skilled attorney can build a strong case using evidence such as camera footage, phone records, police reports, eyewitness statements, and more. Presenting compelling evidence significantly improves the chances of a favorable outcome.
Economic and Non-Economic Damages
When filing a civil lawsuit concerning a distracted driving automobile wreck in Bear, an attorney can calculate damages to determine the appropriate compensation amount. These damages may include economic losses, such as medical bills, lost wages, and car repair or replacement costs. Additionally, a claim can account for the more subjective, non-economic losses from a wreck. Non-economic damages may include pain and suffering, mental distress, loss of enjoyment of life, and physical disfigurement. While economic damages are relatively straightforward to quantify, non-economic damages can be more subjective and challenging to calculate. An attorney’s expertise ensures that all losses are thoroughly evaluated and included in the claim.
Statute of Limitations
In Delaware, the statute of limitations for filing a personal injury lawsuit is two years from the date of the incident. If the plaintiff does not file within this time frame, the claim will not be considered. Acting quickly is vital to preserve your legal rights. Promptly contacting an attorney allows them to gather crucial evidence and begin building a case while details are still fresh.
Contact an Attorney in Bear Who Understands Distracted Driving Car Collisions
If you were injured in a collision caused by a distracted driver, the team at Doroshow, Pasquale, Krawitz, & Bhaya is here to help. We understand how overwhelming it can be to navigate the legal process while recovering from an injury. Our attorneys may be able to hold the negligent driver accountable and secure significant compensation for your losses.
Distracted driving car accidents in Bear are far too common, but you do not have to face the aftermath alone. Contact us today to schedule your initial consultation and take the first step toward justice.