The reality is that many drivers take their eyes off the road for an extended period of time every day. When traveling at high speeds, it can only take a matter of seconds to get into a serious accident if a motorist is not paying attention.
When a person takes their eyes off the road for any purpose, they put everyone on the road at risk. Other motorists or pedestrians could enter their path, or a driver could veer off the road after overcorrecting.
Regardless of the circumstances, an experienced car wreck attorney could help you hold a distracted driver accountable for an accident. During an initial consultation, a Monument distracted driving car accident lawyer could evaluate your claim and help you proceed with legal action.
Countless factors could distract a person behind the wheel. Some of these include reading a text message, adjusting the radio, or talking to a passenger. While the individual factors that lead to distraction are too numerous to count, they each fall into a few broad categories. These categories include visual, manual, and mental distractions.
Visual distractions involve anything that takes a motorist’s eyes off of the road. This may include streaming a video or texting on a mobile device. Manual distractions involve any actions that take a person’s hands off of the steering wheel. Arguably the most common manual distraction is texting or sending an e-mail while driving. These types of distractions also may involve eating, looking for an item in the glove compartment, or reaching into the back seat to retrieve an item.
Mental distractions include any action that draws a driver’s attention away from driving. This could include daydreaming or listening to the radio. Another example may be having a conversation with a passenger. Text messaging is the most common culprit because it takes a driver’s attention, eyes, and hand off the wheel. Some other common examples include:
Any one of these distractions could cause an accident in the wrong situation. A Monument attorney could assist a person injured in a distracted driving car accident seek compensation from the at-fault party.
There are two ways to establish liability for a distracted driving auto accident. The most common way is by establishing that the other motorist was negligent in the use or operation of their vehicle. This means establishing that the defendant failed to use reasonable care while operating a vehicle and exposed the claimant to needless harm. It is likely that a motorist who is operating a motor vehicle while distracted by a cell phone, radio, eating, tablet, laptop, or some other device is going to be held to be operating a motor vehicle recklessly, carelessly, and negligently.
The next most common way is through the violation of a statute. Under Colorado Revised Statutes section 42-4-239, texting while driving is prohibited and cell phone use while driving is prohibited for anyone under the age of 18. A defendant who causes an auto accident due to texting while driving may be found automatically liable for violating a statute that causes an innocent person harm.
In many cases, monetary compensation in a distracted driving accident is only available by filing a lawsuit. There are several guidelines a plaintiff must comply with during the litigation process, but few are as important as the statute of limitations.
The statute of limitations serves as the legal deadline to bring a claim. If the deadline expires, the court could prevent a person from filing their case. Under state law, an injured party must file their lawsuit within two years of the date of their accident. A lawyer in Monument could help someone file a car accident claim before the legal deadline if they were involved in a crash with a distracted driver.
If you sustained injuries in a collision with a distracted motorist, you may be entitled to seek monetary compensation. The right to seek damages does not guarantee that you will recover them, though.
To maximize your chance of financial recovery, you should consult with a Monument distracted driving car accident lawyer. Reach out immediately to set up a case evaluation.