Drivers have an obligation to all other road users to pay attention when operating their vehicles. When they fail to uphold their duty and someone is injured, they may be liable for compensation.
The auto accident attorneys at Phillips Law Group frequently represent people who were hurt in distracted driving car accidents in Tolleson. We can help ensure you receive appropriate compensation and that the distracted driver is held accountable.
When an injured person brings a legal claim for compensation after an accident, they must show that someone else was negligent. In the context of car accidents, negligence means failing to use the degree of caution the circumstances require and injuring someone else because of the failure. When a driver causes a crash because they were not paying attention to their surroundings, they are negligent.
Arizona Statute § 28-914 bars drivers from using electronic devices like tablets and phones while driving unless they are in hands-free mode. However, texting while driving is not the only dangerous form of distraction. Drivers cause accidents when they divert attention from the road to focus on:
Daydreaming and ruminating are also distractions when they prevent a vehicle’s operator from focusing on safe driving.
Anyone who suffered injuries in an accident and believes the other driver may have been distracted should speak with a Tolleson attorney at Phillips Law Group. A legal professional can review the circumstances and investigate to find evidence that the other driver was negligent.
Building a strong case is critical to obtaining a fair settlement or verdict for car accident injuries. Video evidence that a driver was doing something other than watching the road ahead is the most compelling and hardest to refute. Dashcam footage from the involved vehicles, traffic cameras, and even ring cameras from houses and businesses in the area may have helpful footage.
A Tolleson attorney can subpoena a driver’s cell phone records to determine whether they were texting or talking on the phone when the crash occurred. Witness statements and admissions from the other driver can also sometimes provide evidence of distraction. Additionally, credit card receipts might show a visit to a drive-through before the crash, indicating the driver might have been eating or drinking.
People injured in wrecks are entitled to compensation, often called damages. They can claim their economic losses, like medical bills, lost wages, and anticipated future losses and expenses related to their injury. They are also entitled to damages for pain and suffering.
An injured person needs documentation like tax returns, receipts, and health insurance statements to establish their economic damages. Pain and suffering are inherently subjective. The amount an injured person receives depends on factors like their age, the extent of any disability they suffered, and the impact the injury had on their employment and day-to-day activities.
The collectible amount may be limited by the at-fault driver’s insurance coverage limits. Although the driver is personally liable for any amount their insurance does not cover, if they have limited assets, collection could be challenging. An experienced Tolleson attorney is adept at identifying multiple sources of coverage whenever possible to ensure an injured person receives compensation that reflects the seriousness of their injuries.
Distracted driving car accidents in Tolleson can cause serious injuries. If you have a compensation claim against a distracted driver, work with the skilled attorneys at Phillips Law Group. Consultations are always free, and we do not charge unless we win your case, so schedule a meeting with a team member today.
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