When a driver gets behind the wheel of a vehicle, his or her full attention needs to be on the road. If a driver looks away for even a second, the results could be catastrophic. Sadly, many people in Birmingham, AL, drive while distracted. They allow their phones, food, or even other passengers to distract them and take their focus away from driving.
Drivers in Birmingham have an obligation to each other to exercise reasonable care when operating their vehicles on the road. Driving while distracted puts people’s lives in danger and is a form of negligence. Victims of distracted driving accidents have the right to pursue financial compensation for the injuries they have suffered due to another driver’s careless and negligent actions.
If you or someone you love has been injured due to a car accident involving a distracted driver, don’t hesitate to contact our law firm today. Norris Injury Lawyers has over 40 years of experience pursuing justice on behalf of car accident victims in Birmingham and throughout Alabama.
Contact us today to schedule your free case consultation. We offer all our clients our No Fee Guarantee®. Call us 24/7 at (800) 477-7510, start a live chat with us, or fill out the online consultation form.
What is Distracted Driving?
Distracted driving is any activity that diverts a person’s focus away from the road and the task of driving. Distracted driving can greatly increase the chance of a car accident, endangering the lives of the drivers, passengers, and pedestrians. According to a recent annual report from the CDC, over 2,800 people were killed and 400,000 were injured in crashes involving distracted drivers within one year alone in the US.
The following are some common Birmingham distracted driving behaviors:
- Checking or sending a text message
- Talking on the phone
- Programming the GPS
- Adjusting the radio
- Taking a photo
- Applying make-up
- Checking weather or traffic reports
- Conversing with passengers
- Watching a video
Three Main Categories of Distracted Driving Behavior
There are three main types of driver distraction:
- Manual: This is anything that might cause you to take your hands off of the wheel. Examples include eating, smoking, rummaging through personal belongings, or adjusting the radio. This type of distraction affects a driver’s ability to steer the vehicle with proper reaction times and may result in veering off the road.
- Visual: These types of distractions are anything that takes your eyes off of the road. There are many types of distractions that fall into this category, such as texting, looking at the GPS, reading billboards, and grooming. Visual distractions prevent a driver from consistently being able to assess his or her surroundings and identify potential hazards.
- Cognitive: A cognitive distraction is when your mind drifts away from the task of driving. Examples include daydreaming, talking to other passengers or on a hands-free set, or being absorbed in a podcast, audiobook, or song. These types of distractions are deceptive because a driver may have a full view of the surroundings but is failing to fully process the hazards directly ahead.
Distractions are always risky, regardless of the category that they fall under. One of the most dangerous types of distractions, though, is texting, because it involves all three forms of driver distraction. For this reason, Alabama has enforced texting and driving laws in place to protect all those on the road.
How a Personal Injury Lawyer Can Help After a Birmingham Distracted Driver Car Accident
Despite increased awareness of the dangers of distracted driving, many people continue to use electronic devices while driving. When drivers take their eyes off the road, they are putting not only themselves but also others in danger. If you were injured in a Birmingham distracted driving accident, a skilled personal injury attorney can ensure you receive justice and financial compensation for your injuries.
One of the benefits of hiring an attorney after being injured in a Birmingham distracted driving accident is that we can ensure that you aren’t taken advantage of by greedy insurance brokers. The insurance company of the at-fault party will likely deny that their customer was driving while distracted and refuse your claim. A personal injury lawyer from our law firm, however, will work hard to establish fault and handle all negotiations with the insurance company.
Your personal injury lawyer can help you after your Birmingham distracted driving accident by gathering evidence to prove the other driver was distracted. Factors such as lack of skid or brake marks on the road, food or drink spilled on the driver’s lap or car seat, social media posts, or a phone on the floorboard may be evidence of distracted driving.
Your lawyer may also examine red light camera photographs or video from nearby surveillance cameras and obtain copies of cell phone statements and police reports. In addition, he or she may be able to locate witnesses who saw for themselves that the other driver was distracted.
Birmingham Distracted Driving Accidents Cause Serious Injuries
Distracted driving accidents can result in severe life-altering injuries or fatalities. As Birmingham car accident attorneys, we have helped our clients receive financial damages for a range of injuries, including:
- Broken bones
- Cuts and lacerations
- Internal injuries
- Spinal cord damage
- Traumatic brain injury (TBI)
- Lost limbs
If a victim dies as a result of injuries, our lawyers may be able to help the family member pursue a wrongful death lawsuit. This type of personal injury claim allows family members to seek compensation for the losses they have suffered due to losing a loved one in death.
Time Limits For Filing an Alabama Distracted Driving Lawsuit
State law in Alabama limits the amount of time that you have to file a lawsuit for your injuries after a car accident. Victims of Birmingham distracted driving car accidents must file a lawsuit within 2 years of the date of the crash. The time limit cannot be extended even if your injuries were severe or it was difficult to establish the cause of the accident.
Two years may seem like a long period of time. However, depending on the complexities of the case, it may take a while to gather evidence and prepare the case to be filed. By contacting an attorney immediately after the motor vehicle accident occurs, the evidence will be easier to preserve. What’s more, you will ensure your lawyer has plenty of time to establish and file your claim.
Compensation You May Be Entitled To After a Birmingham Motor Vehicle Accident?
The legal team at Norris Injury Lawyers is prepared to help you every step of the way after your Birmingham car accident. Our compassionate lawyers understand that you may be suffering from not only physical but emotional trauma. We strongly believe that auto accident victims should not have to pay the price for someone else’s negligence.
While a monetary settlement can in no way completely erase the suffering that the accident has caused, it can provide the financial security that you and your family need to move forward during this difficult time. The following are some of the types of damages your lawyer may pursue on your behalf.
Some injuries may require only one visit to the hospital, while others may require months or even a lifetime of continuous care. Your lawyer can seek compensation for any and all medical expenses related to your injury.
The damages that may be covered include:
- Ambulance rides
- Hospital stays
- Doctors visits
- Physical or cognitive therapy
- In-home care
After a car accident, victims may be unable to work for weeks or months as they recover from their injuries. In some cases, victims may be so severely hurt that they can no longer work and provide for themselves and their families. Your lawyer may be able to pursue compensation for lost wages while the accident victim is recuperating, as well as any loss of future earning potential.
In some cases, the injuries from an accident may prevent a person from returning the type of work he or she performed previously. Your attorney will then work to establish how your injuries have diminished your earning potential. A judge or jury may take into account such things as age, occupation, experience, and skill.
Pain and suffering
This is a legal term to describe the physical and emotional distress that a victim may seek compensation for after an accident. The amount of damages a victim receives may be based on the type of injury, the amount of pain suffered, and the medical prognosis for future pain due to the injury. These types of damage include emotional distress, such as stress and anxiety that victims must cope with as a result of the accident.
If you’ve been involved in a distracted driving accident, you may be entitled to seek compensation from the at-fault driver for any property damage done to your vehicle. Depending on the extent of the damage, this may include paying for repairs or fair market value for the vehicle if it’s totaled, or compensation for a rental car while your vehicle is being repaired. Reimbursement may also be awarded for laptops, cell phones, prescription eyewear, jewelry, or other items of value that were damaged in the crash.
Contact a Birmingham Distracted Driving Accident Lawyer Today
The legal team at Norris Injury Lawyers is committed to helping Birmingham distracted driving accident victims receive just and fair compensation for their injuries. The lawyers at our law firm know the importance of open and regular communication with our clients. We take the time to listen to you, respond to your questions, and regularly update you on the development of your case when we work for you.
Our law firm believes that every family deserves top legal representation regardless of their financial situation. Thus, we proudly offer all our clients our No Fee Guarantee®. All our cases are handled on a contingency fee basis. This means that you pay nothing out of pocket – we only get paid once you receive a settlement for your claim.
If you or someone you love has been injured in a Birmingham distracted driving accident, contact Norris Injury Lawyers today to schedule your free case consultation. Call us 24/7 at (800) 477-7510 or fill out the online evaluation form.