In the time it takes you to glance down at your phone or stretch for an item just out of comfortable reach, a car traveling at highway speeds can cover almost 100 feet, leaving you with no time to brake or swerve out of the way of a car that stops or slows unexpectedly in front of you. This is just one example of many that illustrate how dangerous distracted driving can be and how important it is to keep your full focus on the road at all times behind the wheel.
If you were hurt recently in a wreck caused by someone else who was driving while distracted, you may have grounds to demand civil compensation from them for every form of harm you will experience as a direct result of their misconduct. As any experienced car accident attorney can tell you, though, successfully filing suit over distracted driving car accidents in Tucson can be more complicated in practice than many people expect, especially without support from the seasoned legal professionals at Phillips Law Group.
Proving Another Driver Was Distracted Behind the Wheel
Whether it is an overtly illegal behavior like texting while driving or simply a careless one like looking at a map, GPS readout, or passenger instead of the road ahead, distracted driving virtually always qualifies as a “breach” of the duty all drivers have under Arizona law to act responsibly while driving. If such a breach is the main and direct cause of an otherwise preventable traffic accident in Tucson, any person injured in that accident would likely have grounds to sue the distracted driver over the role their “negligence” played in causing the incident.
That said, establishing through a “preponderance of the evidence” — the standard of proof for civil claims here — that someone else directly caused a car crash through distracted driving can require various types of evidence from numerous sources. Among other things, an experienced auto accident attorney can provide vital help with finding, preserving, and making effective use of things like witness testimony, crash scene photos, surveillance/dashboard camera footage, and subpoenaed cell phone records during this sort of case.
Getting Paid Fairly While Avoiding Legal Roadblocks
A successful lawsuit or settlement demand over a distracted driving car wreck in Tucson can seek restitution for both “economic” and “non-economic” consequences of the incident, including:
- Medical expenses
- Physical discomfort and pain
- Lost working capacity or work income
- Mental anguish and trauma
- Personal property damage, including vehicle repair/replacement costs
- Lost enjoyment/quality of life
However, failing to file suit within two years of the accident may lead to the case being “time-barred” thanks to the statute of limitations codified in Arizona Revised Statutes §12-542. Additionally, as per A.R.S. §12-2505, any finding of “comparative fault” against an injured person for contributing to their own injuries through their own negligence could result in that injured person missing out on much-needed compensation. Representation from dependable legal counsel can be key to nullifying these and various other procedural obstacles over the course of a car crash claim.
Contact a Tucson Attorney Following a Distracted Driving Car Accident
Someone who lets themselves get distracted behind the wheel dramatically increases their chances of causing a wreck that seriously injures multiple people at once. Unfortunately, knowing a distracted driver caused your injuries is one thing, and holding them civilly liable for the repercussions of those injuries can be another entirely.
You have dedicated local legal assistance available with demanding fair financial restitution for distracted driving car accidents in Tucson. Call Phillips Law Group today to schedule your free, no-obligation consultation with a member of our team. Please do not hesitate to reach out!
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