Distracted driving is one of the most dangerous behaviors on the road, with the National Highway Traffic Safety Administration (NHTSA) reporting that it claimed more than 3,000 lives per year in recent years.

If a distracted driver causes harm to you or your loved ones, you have rights. Canopy Legal can help you to navigate the legal system to enforce those rights and maximize your chances of getting full and fair compensation for your losses.

To find out more about how our firm can fight for you, give us a call or contact us online today.

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What is distracted driving?

Distracted driving involves any type of driving when the focus is not entirely on the road. This could include situations when drivers take their eyes off the road, take their hands off the wheel, or even take their mind off driving and focus on something else.

Some of the most common examples of distracted driving include:

1. Driving while using a cell phone
2. Eating and driving
3. Driving while using an infotainment or navigation system
4. Driving while interacting with pets, children, or other passengers in the vehicle
5. Driving while putting on makeup, fixing your hair, or engaging in other grooming behaviors

All of these types of distracted driving can significantly increase the risk of a collision.

Crashes caused by distracted drivers are also more likely to be serious because drivers may not behave defensively to try to avert the accident or lessen its impact if they’re focused on something other than the road.

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Who is responsible for distracted driving accidents?

In general, the driver who is distracted should be held legally responsible when a collision occurs because they have lost focus on the road.

To prove that a distracted driver should be held liable for losses, you’ll need to demonstrate:

1. The driver had a duty or obligation to you. All drivers have a basic obligation to others who are sharing the road. Drivers must obey the rules of the road and drive reasonably safely.
2. The driver was negligent. This means they breached their duty and were unreasonably careless. You can show negligence by demonstrating a hypothetical reasonable driver wouldn’t have made the distracted driving mistakes or by demonstrating that the distracted driver broke a safety rule that led to the accident. For example, if the law says texting and driving is illegal and a driver caused a crash while texting, this rule violation creates a presumption of negligence.
3. The driver’s negligence or breach caused the distracted driving accident: The crash must have been directly caused by the distracted driver’s unsafe actions.
4. You suffered harm: Lastly, you must show that you endured actual losses as a result of the incident.

A distracted driving accident lawyer at Canopy Legal can help you to make your case.

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Compensation for distracted driving accidents

Distracted driving accidents can cause you to suffer serious harm and you should be compensated for all losses. This is called being “made whole.”  You should receive compensation for:

1. Actual economic damages including past and future medical bills and lost wages
2. Non-economic damages including pain and suffering and emotional distress

It is important to make sure you are compensated for ongoing losses. For example, if your injuries caused you to be unable to work and earn a living in the future, you should be paid for all the income you now won’t earn during the rest of your lifetime.

Canopy Legal will help you to understand and prove the extent of your loss so you stand the best chance of getting full compensation.

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What can a distracted driving accident lawyer do?

A distracted driving accident lawyer at Canopy Legal can provide help from day one in making a claim for compensation. Our firm can:

1. Help you to gather evidence of driver distraction. This can include getting witness statements, obtaining police reports, subpoenaing phone records, and finding experts.
2. Assist you in identifying defendants. Sometimes, it’s not just the distracted driver who can be held liable for your losses. If the driver was working, you may be able to hold their employer accountable. For example,if a delivery driver was looking at his delivery app and caused a crash, that driver’s employer could possibly be responsible for your losses under vicarious liability rules.
3. Help you to negotiate a settlement or fight in court. Many distracted driving accident cases settle and our team of skilled negotiators can help you try to get fair compensation without a trial. If necessary, though, we are experienced litigators ready to go the distance to get you the money you deserve.

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Why turn to Canopy Legal for help?

Canopy Legal Group cares about distracted driving accident victims and we are committed to helping in your pursuit of justice.

We have the resources of a large national firm so we can conduct a thorough investigation to prove your claim, but we also treat every case with the importance it deserves and every client with the dedication you’d expect after an injury.

Our distracted driving accident lawyers will be by your side at every step, and we won’t charge legal fees unless we win. Give us a call today to schedule your free consultation to find out more.