Birmingham Distracted Driving Accident Lawyer

So many people these days attempt to multi-task as they are driving. They focus on their pets or children in the back seat, read or send texts, or talk on their mobile phones rather than concentrating on the road ahead. By doing this they can end up causing injuries, accidents, and even deaths at times.

If someone was not paying attention while driving and hit you our Birmingham distracted driving accident lawyers are here to help you hold them accountable. Call our personal injury firm today and schedule a free consultation.

What Is Distracted Driving?

Distracted accident cases often involve drivers using their cell phones to text or talk to others while they are driving. However, distracted driving goes beyond cell phones. The National Highway Traffic Safety Administration (or NHTSA) states that distracted driving takes place whenever a drive lets anything to take her or his attention away from the road and the primary tasks that are required for safe driving. Some common examples include the following:

• Texting or Looking at a mobile device
• Staring out at something that is outside of the car
• Handling pets
• Self-grooming
• Operating radios or vehicle controls
• Vaping, smoking, drinking, or eating
• Talking with passengers

What are the Kinds of Distracted Driving?

The NHTSA has classified these distractions into three major categories:

Manual

These are distractions that take the driver’s hands away from their driving, such as reaching for something or playing with the radio.

Visual

Anything that takes the driver’s eyes off of driving like dealing with a pet or child in the backseat, turning around to look at a passenger, or reading a text message. According to the NHTSA, when you read or send a text it results in you taking your eyes off of the road for around five seconds. If you are traveling at 55 mph, you could travel an entire football field during that same amount of time.

Cognitive

This refers to anything that can take your mind off of driving, including trying to talk to a passenger, attempting to read text messages, or speaking on the phone.

The more that a driver is distracted, the greater the impact that distraction can have. That is why it is so dangerous to text and drive – since all three categories of distraction are affected.

Distracted Driving is a Negligent Act

All of us owe one another a duty to exercise reasonable care whenever we are driving a vehicle out on the roads. If an individual gets distracted and is no longer focused on driving, then she or he puts other people in jeopardy. It is a failure to uphold their duty. That goes to the very heart of being negligent. Along with being negligent, it is illegal to use a hand-held device while you are driving. Primary enforcement over cell phone laws is held by the state of Alabama.

That means that someone can be pulled over by the police and given a ticket for driving and texting. If someone who is texting causes an accident that harms either you or a family member, evidence of this violation of the driver can be used to establish negligence under the law.

How do You Prove Distracted Driving Caused an Accident?

Whenever you entrust your case to the experienced and skilled litigation lawyers of Hare, Wynn, Newell & Newton, we will begin the fact-finding process immediately. That means we will thoroughly investigate the surrounding events and facts that led to and caused your accident. Evidence can help to reveal whether or not the other driver was either texting or distracted in some other way. This evidence can include the following:

• Witness statements
• Recent social media or cell phone activity at the time that the accident occurred
• Drink or food spilled in the driver’s seat or lap
• A phone on the floorboard or front seat
• A lack of skid or brake marks

At Hare, Wynn, Newell & Newton, we work very closely with experienced and trained investigators. We also consulted with experienced crash reconstruction professionals to strengthen our bargaining position as much as possible for our clients. The more evidence we are able to gather during the early stage, the more leverage our attorneys will have later on once they either take your case to court or seek a settlement.

Statute of Limitations in Alabama for Distracted Driving Accidents

The law in Alabama limits how much time you have for bringing a lawsuit for the injuries you have suffered as a result of a car accident. That means you need to call an attorney right away so he or she can start the investigation and build a strong case that can be presented to a jury or the insurance company. Waiting too long can result in you losing your right to be able to recover the compensation that you are owed.

You have just two years in Alabama from the date of your accident to file your lawsuit against the driver who was at fault. If a loved one dies in a distracted driving accident in Alabama, you only have two years from the date of your family member’s death to bring a wrongful death action.

Two years might seem like a lot of time. However, it will take some time to collect evidence and get a case prepared to file. Challenges can also arise during this process. For example, the driver’s cell phone provider might try making it hard to get access to the driver’s phone records. You need to ensure that your attorney has enough time to deal with challenges that might arise.

Call Our Birmingham Distracted Driving Accident Lawyer

Do not delay or take any chances of having your rights to recover full compensation be denied. You have the right to seek compensation for your injuries, including being compensated for your pain and suffering, lost income, medical expenses, and more. We represent our clients on a contingency fee basis. That means you will not have to pay anything for the legal services that we provide to you unless we secure a settlement or verdict that is beneficial for you.

To learn more about how we can help you, call Hare, Wynn, Newell & Newton today to get your free consultation scheduled for your distracted driving accident case. Our Birmingham car accident attorneys can meet with you very soon.