AN ACCIDENT?
Distracted Driving Car Accidents
Diligent Personal Injury Attorney Representing Cranston Residents
Distracted driving includes many things, but it is most commonly associated with using a cell phone behind the wheel. According to recent reports, distracted driving citations have doubled in Rhode Island in recent years. Rhode Island has enacted a law that bans the use of cell phones for texting while the driver is operating a motor vehicle, which was later interpreted to include holding a phone for viewing a text message. As the third-largest city in the state, Cranston is a densely populated and busy metropolitan center where many people face the risks of distracted driving on a daily basis. In 2014 alone, 12 victims lost their lives because of a fatal motor vehicle accident, and three additional pedestrians were killed due to a motorist’s negligence. Cranston distracted driving accident lawyer David Tapalian has assisted many victims and their families with bringing a careless driver to justice, and he is ready to do the same for your family and you.
Establishing the Liability of a Distracted Driver in a Personal Injury Lawsuit
In general, distracted driving constitutes any activity that takes a driver’s attention away from operating their vehicle, making immediate decisions, obeying traffic laws, and responding to sudden changes in the weather or traffic. The National Highway Traffic Safety Administration reports that over 3,000 people died because of distracted driving accidents in 2014 alone. If you have been injured in a distracted driving accident, you can bring a negligence claim against the person who caused your injuries to seek compensation.
Negligence is a term used to broadly define the level of care that we must all use on a regular basis when going about our daily lives. When it involves operating a car, however, the standard requires each driver to use the same prudent care and skill that a reasonable driver would use if faced with the same circumstances. This includes paying attention at all times, refraining from using a cell phone, and obeying all applicable traffic laws. If a distracted driving accident attorney in Cranston can show that the defendant failed to comply with a traffic law, such as Rhode Island’s distracted driving law, the victim will have strong evidence that the defendant was driving negligently at the time of the crash. One of the simplest ways to establish that the defendant violated a statute is to obtain a copy of a police report prepared regarding the incident, as well as copies of any citations issued to the driver for violating the distracted driving law.
Proving that the defendant acted negligently is not enough, however. You must also show that this negligent conduct caused your injuries to occur. Causation requires proving that your injuries would not have happened but for the defendant’s negligent conduct, as well as showing that the type of injuries that you sustained were a foreseeable result of the accident.
The final phase of a negligence lawsuit requires the plaintiff to prove that they are entitled to the amount of compensation that they are claiming in the action. One wide-ranging category of damages in a car accident case is medical expenses, which encompasses surgeries, hospital stays, ambulance fees, medications, physical therapy, and ongoing and future medical care. The plaintiff can also seek compensation for any missed wages that resulted from the crash, as well as any reduced earning capacity stemming from permanent injuries that they may have sustained. It is critical to maintain detailed records of the expenses that you incurred to ensure that you receive the full amount of compensation to which you are entitled.
Speak with a Knowledgeable Distracted Driving Accident Lawyer in the Cranston Area
If you have been involved in a distracted driving accident, it is critical that you speak to a seasoned personal injury attorney immediately. Time may be running out on your claim, and you may lose access to evidence that is critically important to establishing your right to damages. Car accident lawyer David Tapalian has provided reliable legal representation to victims throughout Rhode Island and Massachusetts, which means that he understands what you are enduring after a traumatic crash. He provides a free consultation so that you can learn more about your options. Call us at 401-552-5000 or contact us online to discuss your case with a Cranston distracted driving accident attorney.