Anytime something or someone diverts a driver’s attention from the road; they are driving distracted and risking a serious car accident. Be it a text, changing the radio station, eating fast food, or even talking to a passenger, these simple actions that only take seconds can change your life instantly.
Distracted driving car crashes have claimed the lives of thousands and injured even more. If you or a loved one were involved in an accident with a distracted driver, a free consultation with the Carbondale distracted driving accident attorneys of Munley Law can provide legal guidance for your claim.
How Our Distracted Driving Car Accident Lawyers Can Help You
To have a distracted driving claim, you must prove that the other driver was distracted behind the wheel. However, this segment of personal injury law is more challenging than you may think. In cases where a driver was on their phone, cell phone records may be obtained to prove a lack of awareness. However, it may sometimes be complicated to prove the driver was distracted.
This is where our Carbondale, PA car accident attorneys come in.
We work with you to determine the cause of the auto accident by reviewing police reports, talking to other drivers who may have been involved in the crash, working with accident recreation specialists, and reviewing your medical records.
Below are more ways our compassionate legal team can assist you during this trying time.
Communicate with the Insurance Companies
Even though you have an insurance policy to protect you in the case of an auto accident, your insurance company will still look for ways to minimize the damages they pay out for the wreck—even if you were not at fault and a negligent driver was.
Further, the other driver’s insurance company will call you to seek a statement to alleviate their client’s burden.
These agents know what to look for and how to trip you up. This is why we’ll handle the communications with the insurance companies to ensure you are treated fairly and get the maximum compensation available.
Calculate the Value of the Motor Vehicle Accident
Understanding what your claim is worth is vital in dealing with insurance companies or filing a lawsuit. Our team will review your losses, including medical expenses, future medical care, property damage, and lost wages, to calculate the value of your car accident claim.
We’ll also examine the intangible losses you suffered, such as pain and suffering, loss of enjoyment of life, and anguish, as these can significantly impact your future, too.
File Your Claim Within the Statute of Limitations
In Pennsylvania, you have two years from the date of the distracted driving accident to file a claim. While two years may seem like a long time, you must move quickly as evidence can disappear, weakening your case.
If you suffered a severe injury and cannot file the claim yourself, we can do it for you so that you can focus on your health. This ensures all deadlines are met and paperwork is filed efficiently and correctly according to Pennsylvania laws.
Represent You In Court
Most personal injury cases are settled outside of court, but sometimes, car accident victims must file a lawsuit against the at-fault party. Should you need to, our team can represent you in court and handle the lawsuit.
What To Do After a Distracted Driving Accident
Your actions following your distracted driving car accident will be critical to your claim. Missing a step can result in losing out on compensation you would otherwise be entitled to for your losses.
Munley Law provides car accident victims with a legal strategy to ensure maximum results.
Contact a Car Accident Lawyer in Carbondale
In the days following your car crash, you must contact a Carbondale car accident lawyer for a free consultation. During a free case evaluation, you will learn the best next steps and what needs to happen to get compensated for your injuries.
Even though you may not be sold on starting legal action for the accident, it is best to move quickly to decide what options are best for your particular situation and how to move forward.
Receive Medical Care
After the accident, you were hopefully examined by a medical professional to check for injuries. You must document any treatment you received and continue to seek care for your injuries.
This protects your health and documents the severity of your injuries, which can directly impact your compensation. So, keep all medical bills and reports on hand as evidence.
File and Obtain a Police Report
Under Pennsylvania law, you have five days after an accident to file a police report–but it’s always best to do so right at the crash scene.
Once filed, you have a right to obtain a copy of the police report, which will include key details such as an overall summary of the accident, a list of the parties involved and any witnesses, documentation of any injuries and treatment given to parties involved, and if any citations were given to either driver.
This will be a crucial piece of evidence in your case.
Collect Evidence
In addition to the police report, you will want to collect any other pieces of evidence from the car accident. This includes photos and videos from the scene, testimony, and proof of damage to your vehicle.
Communicate With Your Insurance Company
Though you will want your lawyer to handle most of the communication with the insurance company, you still need to notify your auto policy provider that you were involved in an accident. Do not admit fault or state the accident; this can be used against you later.
Understanding Carbondale Distracted Driving Accidents
Distracted driving accidents are becoming increasingly common, claiming the lives of more than 3,500 people in 2021 alone. Sometimes, a driver may only be partially distracted, say, listening to the radio too loud. But other times, a driver’s action may envelop all their senses and cognitive ability, becoming even more dangerous.
Knowing the common causes of these auto accidents can better protect you on roadways and in the legal process should you be involved in a crash with a distracted driver.
Causes of Distracted Driving Car Crashes
You may think that a second flip of the radio station hasn’t taken your attention from the roadway, but anything can happen in the blink of an eye. Some of the most common causes of distracted driving include:
- Talking and texting on cell phones
- Talking to a passenger
- Moving objects in the vehicle
- Adjusting vehicle controls (i.e., radio, heat, mirrors, seats, etc.)
- Reaching for something
- Rubbernecking or looking at an accident on the side of the road or work zone
- Eating or drinking
- Smoking or vaping
- A drunk driver
Common Injuries
Distracted driving car accident victims may develop severe and even life-threatening and serious injuries such as:
- Traumatic brain injuries (TBI)
- Broken bones
- Spinal cord, neck, and back injuries
- Loss of limbs
- Paralysis
- Internal bleeding and damage
- Scarring or disfigurement
- Burns
Proving Negligence in a Distracted Driving Car Accident
Much like a motor vehicle accident, victims must prove negligence occurred, leading to their losses. To prove negligence in a distracted driving accident, you must show that:
- The driver owed you a duty of care to drive safely and act reasonably behind the wheel. This includes following traffic laws like Pennsylvania’s Texting While Driving Ban.
- The driver breached this duty by not following safe driving practices.
- The breach caused your injuries.
- As a result, you suffered damages. Damages can be financial, property damage, injuries, etc.
In an insurance claim, the insurance company will try to say that negligence wasn’t the cause of the injuries but some other factor to reduce the compensation for which they can be held accountable. Car accident lawyers with experience know the game the insurance adjusters play, and we will negotiate until we believe a fair settlement can be reached on your behalf.
How Can I Get Compensation For a Distracted Driving Accident?
Following a distracted driving accident, you have two options for financial recovery: filing an insurance claim or filing a lawsuit. Munley Law can help you determine which option is best suited to your case.
File an Insurance Claim
Generally, you will first file a claim with your insurance company to see what they offer you for your losses. Typically, you’ll get a lowball settlement at first. But, with an attorney at your side, we can negotiate a payout that best supports your needs for injuries, property damages, and more.
File a Lawsuit
File a LawsuitUnfortunately, even with an attorney, sometimes the insurance company won’t budge on what they offer. Or, you may have exceeded the policy limits for the total damages you received. In that case, you can file a lawsuit for compensation.
Types of Compensation Available
As a distracted driving accident victim, you may be entitled to two forms of compensation–economic and non-economic damages.
Economic Damages
Economic damages work to compensate you for tangible losses. This can include:
- Past and future medical expenses
- Medications, home modifications, and assistive devices
- Lost income and wages
- Diminished earning capacity
- Property damage
To collect compensation for economic damages, keeping a record of any bills you accumulate from the accident is critical. Medical treatment, hospital stays, pay stubs, and vehicle repairs can all be used to show the losses you endured directly.
Non-Economic Damages
Depending on the severity of your injuries, you may also be entitled to non-economic damages. These damages are a bit more challenging to quantify as they do not come with a receipt or estimate from a professional. Instead, your legal team will look at the accident’s aftermath holistically to see how your life has been impacted. If successful, you may seek compensation for:
- Pain, suffering, and mental anguish
- Diminished quality of life
- Mental health complications like anxiety, depression, and post-traumatic stress disorder (PTSD)
- Loss of consortium and loss of companionship
If the accident resulted in the death, the family may also be entitled to wrongful death losses, including funeral and burial costs.
Can I Seek Compensation If I’m Partially At Fault?
Pennsylvania follows a comparative negligence rule for determining fault. This means you must be less than 51 percent responsible for a wreck to collect compensation for your losses. If it is found you are more than 50 percent at fault, you are barred from seeking compensation.
Even if you share some of the fault for the collision, your lawyer may be able to enact effective legal strategies to compensate you for your losses. Your percentage of fault will reduce your compensation. This makes it all the more important to act quickly. Even the most minor admission of involvement can ruin your chances of maximum financial recovery if left with the wrong legal representation.
Distracted Driving Motor Vehicle Accidents Are Complex. Let Munley Law Help.
Not all car accident lawyers can handle the demands of a distracted driving accident. But Munley Law can. For decades, our Carbondale car accident attorneys have helped accident victims and their families secure fair compensation for their serious injuries. As a Lackawanna County car accident law firm, you need a team to pick up the pieces when an accident strikes.
We’ve helped victims recover compensation for their losses that include:
- Medical bills
- Lost wages
- Permanent disability and even death from catastrophic injuries
- Property damage
Holding the other party responsible is only part of what we do. Our compassionate team will ensure you feel protected and heard throughout every step of the legal process so you can focus on your health.
If you or a loved one were injured in a distracted driving accident in Carbondale, call Munley Law today.
To seek compensation for your severe injuries, call Munley Law immediately. During a free, no-obligation consultation, we’ll discuss your case’s facts and determine the best cause of action.
Our personal injury lawyers work on a contingency basis, meaning there is no up-front cost; you only pay something once compensation is won. Call for a free consultation to learn more about how we help Carbondale residents recover from car accidents.
Munley Law Personal Injury Attorneys
41 N. Main St.,
Carbondale, PA 18407
(570)280-2502
