Being safe on the road means paying attention and resisting distractions. Unfortunately, some people use their drive time to talk on the phone, text, eat, and take care of their personal grooming. Some people even read and watch movies while driving!
Distracted driving is unsafe and against the law. When a distracted driver causes an accident, they are responsible for paying compensation to anyone who was injured.
When you are the victim of a distracted driving car accident in Mesa, contact a local car accident attorney. Our trusted professionals could explain your legal options and help you obtain appropriate compensation for your injuries.
Distracted Driving Is a Significant Problem
The U.S. Centers for Disease Control notes that nine people die in distracted driving car accidents every day. About 20 percent of the people killed by distracted drivers are pedestrians, bicyclists, and motorcycle riders.
There are three main types of distraction: cognitive, manual, and visual. Cognitive distraction could be talking on the phone or listening to the radio so intently the driver loses focus on driving. Manual distraction is taking the hands off the steering wheel to text, comb hair, adjust a control, or find something in the car. Visual distraction is looking in the rearview mirror, turning toward the back seat to speak to children, or looking at something other than the road ahead.
Arizona Revised Statutes § 28-914 forbids a driver from holding or supporting a portable electronic communication device while they are driving, or using one while driving unless the device is in hands-free mode. A Mesa attorney could use any evidence a driver was violating this law to support a negligence claim.
Pursuing a Claim for Compensation Against a Distracted Driver
When an accident happens because a driver is distracted, that driver is usually legally responsible for the injured person’s damages. However, the injured motorist must first provide evidence of the at-fault driver’s negligence.
A citation for speeding, reckless driving, or cell phone use while operating a vehicle could be proof of negligence. If the at fault driver did not receive a citation, a Mesa attorney could look for other evidence. Our team could talk with witnesses who might have noticed the at fault’s driver’s behavior just before the crash. Subpoenaing cell phone records, in-vehicle camera footage, surveillance video, vehicle recorder data, and other information could help establish whether a driver was distracted when a crash occurred.
Sometimes, other parties also bear partial responsibility for an accident. Vehicle manufacturers, tire manufacturers, other drivers, and even local governments could have contributed to the accident. Asserting claims against multiple parties can increase the chances of an injured person receiving a reasonable sum for their injuries.
Acting Swiftly Preserves Rights
This state requires motorists how are injured in a car wreck to file a personal injury lawsuit within two years of the accident date. Someone who misses this deadline loses access to the courts to settle their claim.
There are some exceptions to this rule. If the injured person was under 18 when the accident occurred, the two-year period does not start running until they turn 18. In many cases it is beneficial for a parent or guardian to bring a lawsuit on the child’s behalf, and in that case, the parent must file the lawsuit within two years of the accident.
The law contains a provision that the two-year clock will stop ticking if the injured person is mentally incapacitated, and it does not begin running again until the person regains their mental capacity. A Mesa attorney could use this provision if someone received severe head injuries in a crash and for some time was unable to understand what happened or that they had a right to sue.
Contact a Mesa Attorney About Pursuing a Claim Against a Distracted Driver
Car accident claims can be complex and challenging to pursue. Working with a seasoned attorney can make the process easier.
When you suffer losses in a distracted driving car accident in Mesa, consult our trusted firm. A well-managed claim could result in the full compensation of your injury-related losses.
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