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Discover how distracted driving impacts personal injury claims, from determining fault to claim valuation and compensation. Learn how evidence like phone records and eyewitness testimony can affect your case.
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The Impact of Distracted Driving on Personal Injury Claims Distracted driving has emerged as one of the leading causes of auto accidents worldwide, significantly impacting the severity of accidents and the nature of personal injury claims that follow. What Constitutes as Distracted Driving? Distracted driving involves a wide range of behaviors that diverts attention from driving. Various activities such as using a cell phone, eating or adjusting the radio and depending on the nature of the incident are typically classified under the following:
Visual: Taking your eyes off the road. Manual: Taking your hands off the wheel. Cognitive: Taking your mind off driving. The presence of distracted driving in a personal injury case can dramatically alter the dynamics of the claim; affecting fault determination, claim valuation, and compensation. Most jurisdictions have enacted laws specifically targeting distracted driving, recognizing it as a significant hazard. These laws not only set the groundwork for legal penalties but also influence personal injury claims, where the presence of distracted driving can significantly affect the outcome. Evidence of distracted driving, such as phone records, eyewitness testimony, and/or traffic surveillance footage, can shift the blame partially or entirely to the distracted driver, enhancing the claimant’s position. Beyond the liability consequences, claims involving distracted driving may also result in higher compensation due to the perceived recklessness of the behavior. Jurors and insurance adjusters may award higher damages for medical expenses, pain and suffering, and punitive damages, intending to penalize the negligent behavior and deter future incidents. Furthermore, gathering objective data such as from Dashcams and GPS data, which have become invaluable in providing concrete evidence of distracted driving moments before an accident is imperative in further securing your personal injury claim. Have Questions? Contact an experienced Los Angeles Car Accident Attorney Today If you or a loved one was seriously injured in an auto accident in Los Angeles and need legal representation, contact the highly reputable Law Offices of Ramtin Sadighim today. Our expert Los Angeles car accident lawyers are here to help you from start to finish, including receiving the proper medical attention and obtaining maximum financial compensation for your recovery. We offer free, confidential case evaluations to all prospective clients. For further information or to schedule an appointment please contact Law Offices of Ramtin Sadighim at 888.999.8744 or visit www.CaliAccidentAttorney.com to learn more.