How Can I Prove Driver Distraction In An Accident?
If you have been injured in an auto accident, there are some serious matters that must be resolved before you can recover compensation. When determining liability, the party responsible for your injuries may attempt to challenge the facts, and even accuse you of being responsible for the collision. Insurance companies can refuse to pay a claim, or use other tactics in an attempt to reduce a claim, or deny it completely. There are certain actions that could be taken to establish the fact of distracted driving, leading to a favorable resolution for your claim.
One of the most common forms of driver distraction in recent years is cell phone use. Whether the driving was talking, texting, reading or answering a hand held device, the data regarding the actual use of the device at the time of the accident can be subpoenaed to support an injury claim. This has been necessary in many cases in which one party has suffered serious injuries after an accident caused by a driver who did not pay attention to the road ahead, often a rear-end accident, by running a red-light or stop sign, or other negligent driving conduct.
Once it is fully established that the other party was distracted while operating a vehicle, the claim can move forward to resolution. Although establishing liability is a critical aspect of a successful personal injury claim, once established, there will still be other issues that must be resolved. The insurance company will most often offer a low settlement. An injured person, or the family who has lost a loved one, is probably not trained in personal injury law, and could unwittingly accept an offer far lower than deserved. In any case of serious injury, it is imperative that counsel manages the case, so as to avoid being victimized by an insurance company that is only interested in their own bottom line.
At The Law Firm of Ted Bills, we have an impressive record in recovering high value settlements and verdicts in distracted driver accidents. Our lead attorney formerly worked for an insurance company defense firm, and has a real insight into the various tactics that are employed to avoid paying the maximum to an injured party. We know the system and how to get results for our clients. Contact us today.