Can I File a Claim If I Have Been Seriously Injured Due to a Distracted Driver?

Can I File a Claim If I Have Been Seriously Injured Due to a Distracted Driver?

Distracted driving is the largest single cause of road accidents in the United States today. Every year, almost 3,000 American are killed as a result of distracted driving, with another 400,000 are estimated to be involved in crashes caused by another driver whose mind is not 100 percent on the road ahead of them. Twenty percent of these figures are made up of cyclists and pedestrians who have been hit by vehicles. When you break this number down, the figures are shocking, with over 1,000 people a day injured in road traffic accidents which are not their fault every day nationwide.

But what is distracted driving? The knowledgeable car accident lawyers at Rutter Mills in Virginia provide an important understanding of this dangerous activity and what your rights are should you fall victim to such an accident. The definition in law differs from state to state. Nonetheless, there are several commonalities that remain consistent throughout the traffic codes of most jurisdictions.

In basic terms, distracted driving is generally considered to be driving a motor vehicle at the same time as doing another activity, typically involving the use of an electronic device such as a cell phone or GPS. A driver may be considered to be distracted if and when they are engaged in one of the following actions when behind the wheel:

  • Texting
  • Using maps or GPS
  • Attending to pets or children
  • Adjusting climate controls or in-car entertainment
  • Looking at or adjusting a smartwatch
  • Eating or drinking
  • Reaching for items
  • Looking in the mirror for the purpose of grooming or applying makeup
  • Distractedly looking at other accidents or roadside events rather than looking at the road

Essentially, distracted driving includes any activity while driving that prevents a person from giving their full attention to the road ahead of them.

Can I Claim If I Have Been Injured?

The answer to this question depends on two things. First, you will need to know the identity of the driver who hit you. While this does not pose a problem in most cases, there are unfortunately many cases in which the driver who causes the crash flees the scene because they have no insurance. If this is the case, you will find it difficult to get any form of compensation unless you have uninsured driver coverage as part of your own insurance policy.

Whatever happens, it is important that you hire a reliable attorney that specializes in motor accident claims. Providing that you have filed a police report and been to the doctor for a checkup on your injuries in the hours immediately after the crash, your attorney should be able to achieve a favorable settlement.

If you can identify the driver who was responsible for the accident, or if you have uninsured driver coverage in your own insurance policy, you can claim for compensation for your injury. Contact a motor injury claim lawyer today to get the process started.