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Technological advancements like smartphones, GPS, and other devices have flooded the marketplace, and in many ways, they have helped make our lives easier. However, they have also led to dangerous behavior, such as distracted driving. Now, more and more, we are hearing about traffic accidents that happened because someone was texting while driving or concentrating on their GPS instead of the road. Distracted driving is a problem that is not going away any time soon unless we begin to recognize its dangers and work on ways to prevent it. This not only involves raising public awareness about the dangers of distracted driving and passing laws to prevent it, but also holding distracted drivers accountable for the accidents, injuries, and deaths they cause due to their negligence.
There are three main categories of distracted driving:
If you are in a car accident and you suspect the other driver was distracted while behind the wheel, should take the following steps:
In some cases, it is possible that the parents of a minor whose distracted driving caused an auto wreck can be held accountable through a lawsuit. Generally, legal drivers who are minors are covered by their parents’ insurance policy. Therefore, the insurance company will often defend the young driver if he or she causes an accident. However, there are situations where the insurance company will not defend a driver following a car wreck and deny the claim. If the insurance company denies a legal claim, then the parents may be able to file a bad faith legal claim against them.
If the insurance company will not defend a minor who caused an accident, denies the accident claim, or the minor is driving uninsured, then another option for the victims of the car accident could be to file a civil claim against the minor’s parents. In addition, in some states there are laws that will hold parents liable if their child causes a car accident. Even in such states, parents may be able to avoid being held responsible if their child causes a car wreck:
There are instances where an employer can be held responsible if an employee is involved in a texting and driving accident while on the job. However, there are several factors that can decide whether an employer is at fault for an employee’s distracted driving crash, such as:
Related: Types of Car Insurance
Proving that distracted driving led to an auto accident can be extremely difficult, because evidence that the driver was talking, adjusting the radio, or eating can leave little to no evidence. However, it is possible to prove distracted driving caused a car wreck. Here are a few ways that distracted driving accident victims and their families can prove their case:
In the aftermath of a distracted driving accident, you may have no idea what to do next. Should you talk to your insurance company about what to do? Will the other driver admit he or she was distracted and that caused the accident? Should you talk to the other driver’s insurance company? These are all questions that a personal injury attorney can help you answer. In addition, many experienced personal injury attorneys with successful track records offer free initial consultations. During this consultation, an injury lawyer will analyze your situation, tell you whether you have a valid case, answer your questions, and explain the best options for you and your family going forward.
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