Every year thousands of innocent people nationwide are killed or injured in crashes caused by distracted drivers. Distracted drivers are a menace, and unfortunately, distracted driving car accidents in Avondale happen frequently.
Operating a vehicle without giving it your full attention is irresponsible and against the law. When a distracted driver injures someone, they must pay. Contact a local auto collision attorney for help when you get hurt in a crash caused by a distracted driver.
Failing to Focus on the Road Is Negligent
Texting while driving is a common form of distracted driving that leads to accidents, especially among younger people. According to the National Highway Transportation Safety Administration, more than 3,000 people were killed by distracted drivers in a recent year, and thousands more were injured.
Arizona Revised Statutes § 28-914 attempts to combat texting while driving by making it illegal for a driver to hold a portable electronic communication device while operating a vehicle. However, other forms of distraction are also dangerous. Any activity that takes a driver’s eyes off the road, hands off the wheel, or attention away from driving is a dangerous distraction.
Whenever anyone fails to use a reasonable degree of caution when driving, they are negligent. The vehicle accident claim system in Arizona holds negligent drivers responsible for the injuries their conduct causes. An Avondale attorney can examine all the information available concerning a specific crash, including police reports, witness statements, video of the incident, and driver cell phone records, to determine whether driver distraction was a factor in the incident.
The Negligent Driver Must Compensate Others’ Losses
A person who was injured in an accident caused by a distracted driver in Avondale or elsewhere in the state can bring a claim against them seeking compensation for their damages, or losses. Insurance companies typically settle these claims, but obtaining reasonable compensation often requires aggressive negotiation. When the insurer does not make an acceptable offer, our attorneys can file a lawsuit and make their case to a jury.
The injured person is the plaintiff in the lawsuit and the negligent driver is the defendant. The plaintiff can seek compensation for the cost of their medical care and lost wages. The plaintiff also can demand the defendant pay for any ongoing or future medical treatment they require due to their injuries and contribute a sum to make up for the plaintiff’s reduced capacity to earn in the future.
The defendant is also liable for the plaintiff’s non-economic losses. People injured in car accidents can seek money to compensate for their inconvenience, physical pain, scarring, disability, emotional anguish, lost ability to enjoy life, and other consequences that result from the injury.
A Plaintiff’s Conduct Can Impact Damages
Sometimes a distracted driver is wholly at fault in a crash. In other cases, an injured person’s behavior might have had a role in the accident. When a plaintiff’s conduct contributed to their injury, they still have the right to seek compensation from other negligent parties.
Arizona’s pure comparative negligence law makes each party to a lawsuit responsible for the result of their actions. If an injury claim goes to a trial, the judge or jury decides how much fault to allocate to each party on a percentage basis. When the plaintiff proves their case they can collect their damages, less their percentage of fault. For example, a plaintiff that is 20 percent at fault could collect 80 percent of their losses from other negligent parties.
Most cases never get to trial, but comparative fault is also a factor in settlement negotiations with insurance companies. A skilled Avondale attorney can ensure that an injured person does not bear an unfair portion of the blame for an accident with a distracted driver.
Contact An Avondale Attorney If You Were Hurt in a Distracted Driving Accident
Car accident claims can be complicated. You stand the best chance of receiving appropriate compensation if you work with a skilled lawyer.
With over 30 years of serving the local community under our belts, the attorneys at Phillips Law Group have extensive experience representing people injured in distracted driving car accidents in Avondale. We are confident we can help alleviate some of your stress.
Get in touch today to schedule a free, no-obligation consultation with a member of our team. We look forward to hearing from you and hope to soon!
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