Denver Distracted Driver Accident Attorneys
Helping Victims of Distracted Drivers
Vehicle accidents are incredibly debilitating. They can result in injuries that last a lifetime, intense property damage, and years of emotional trauma. Sadly, as cellphones become more and more intertwined with our everyday lives, accidents caused by distracted driving are on the rise. Distracted drivers can cause unparalleled destruction and should be held accountable for their gross negligence.
At Leventhal Puga Braley P.C., we understand just how terrifying it can be to be involved in a sudden car accident. Our firm has dedicated itself to helping those who suffer due to another person’s negligence. If you have been injured due to a distracted driver, call us at (303) 759-9945. We are ready to help.
The Different Kinds of Distractions
Distractions come in many forms, and the way a driver becomes distracted may not matter as much as the kind of distraction they are dealing with. Safe driving requires constant attention to the road. The Centers for Disease Control and Prevention (CDC) have defined three main categories of driving distractions. Those include:
Visual distraction: This means that you have taken your eyes off of the road. Viewing the road so that you can make sharp turns, avoid any sudden objects that appear in your path, and avoid oncoming traffic is incredibly important when it comes to driving safely and responsibly.
Manual distraction: A manual distraction involves you taking your hand off of the wheel. You may do this to grab something from the seat next to you, turn up the radio, or fiddle with your phone. Not being in contact with the wheel means that you have less time to react if you suddenly need to avoid something in your path.
Cognitive distraction: Being cognitively distracted means that while you may be looking at the road with your hands on the steering wheel, you are not paying active attention. This can happen if you are tired and begin to zone out or if you are listening too closely to your passengers.
Each of these kinds of distractions is incredibly dangerous. When operating a several thousand-pound vehicle at high speeds, you need to always be aware of your surroundings, otherwise, disaster can strike. The use of cell phones is an excellent example of each of the three kinds of distraction. A cell phone requires your attention, making you cognitively distracted; your hands, making you manually distracted; and your eyes, making you visually distracted. They can be incredibly dangerous to use while driving and are a leading cause of car accidents.
Why Driving Distracted Is So Dangerous
Simply put, distracted driving is dangerous because if your attention is not on the road, then you have less time to react to any potential dangers. If there is an unexpected turn in the road, if the driver in front of you suddenly hits their brakes, or if an animal jumps out in front of your car, if you are not paying attention you will not be able to stop or swerve in time to avoid a wreck.
Accidents caused by distracted driving are also often at a higher speed, as the distracted driver does not have the time to hit their brakes. This means they can be far more devastating than accidents caused by other forms of negligence. The injuries caused by distracted driving can be catastrophic, and the most common ones include:
- Broken and fractured bones
- Brain damage
- Crush injuries
- Spine injuries
- Severe burns
- Loss of limb
- Organ damage
These kinds of serious injuries require extensive medical intervention in order to properly heal. Recovery could take months, sometimes even years. That means that you will lose out on work, be left with intense medical debt, and may have no idea how to dig yourself out of a hole caused by a thoughtless driver. Thankfully, it is possible to recover damages from a distracted driver.
Filing a Successful Distracted Driving Claim
Colorado has passed several laws in an attempt to curb the current crisis of distracted drivers. With the rise of cellphones and other handheld technology, the number of accidents caused by distracted driving continues to rise, and that puts us all at risk. One of the many laws against distracted driving has made texting while driving a primary offense. This means that in Colorado, a police officer can pull you over for the offense alone and need no further illegal activity to justify it. This means that if your crash was caused by a distracted driver, especially a driver that was texting, then the law is on your side if you file a claim.
However, proving negligence is an important aspect of personal injury claims, and an insurance adjuster is unlikely to simply take your word for it if you were injured by a distracted driver. Time is of the essence. Electronic evidence disappears and memories fade. In order to receive as much compensation as possible, there are a few key things that you should do, if they are possible for you.
Get a statement from the driver: Following a collision, even the at-fault driver will likely be in a state of shock. During the adrenaline rush from the collision, they may not act defensively and, instead, freely admit what they did wrong. If you do not wish to speak with the at-fault driver, then any police on the scene could obtain the statement for you, which can later be used during your claim.
Speak with witnesses: If there were other people present during the collision, whether they were passengers or pedestrians, they may have seen negligent behaviors that you missed. Different vantage points can give unique pieces of information. Be sure to get these witnesses’ contact information, as they could testify on your behalf later.
Obtain cellphone records: If the at-fault driver was texting or using social media right before the collision, then their cellphone records should show that. Your attorney can request cellphone records as evidence during your claim in order to prove that the at-fault driver was acting negligently.
Write down your observations: The details of the crash may seem crystal clear to you during the weeks following the collision. But claims can take time, especially if you are pursuing high compensation. What seemed clear at first can start to fade with time. The insurance adjuster may try to use this against you and make it seem as though you don’t actually remember what happened. You can strengthen your memories, as well as keep a record of what happened, by writing down every detail about the accident that you can recall.
We Want to Help
At Leventhal Puga Braley P.C., our legal team understand just how devastating a distracted driver accident can be. The medical bills, time away from work, and pain of your injuries may seem like too much to bear at one time. That is why our Denver car accident lawyers are here to lend a helping hand. If you or a loved one have suffered due to a distracted driver, call our firm at (303) 759-9945. Our attorneys have years of experience getting our clients the compensation and justice they deserve.
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