Distracted Driving Accident Attorney

The Role of a Distracted Driving Accident Attorney

A driving accident lawyer can help collect the necessary evidence, evaluate the amount of damages, negotiate with insurers, and give legal representation to clients.

Gather evidence

A strong case starts with relevant evidence. Hence, driving accident attorneys gather and analyze the following pieces of evidence:

• Video surveillance footage from nearby establishments;
• Photos of the accident scene and injuries;
• Medical records, which can serve as bases for the extent of injuries;
• Police reports, which support initial findings of fault;
• Phone records, which establish distraction at the time of the accident;
• Eyewitness statements, which may corroborate the victim’s account of the incident; and
• Expert witness statements from professionals, such as accident reconstruction experts and safety experts provide impartial opinions on technical matters regarding the car accident.

You must present these documents, photos, and videos because the insurance company or the other party will only entertain a personal injury claim if it is supported by evidence.

Assess the extent of damages

The evidence collection stage also plays a role in the evaluation of damages. For instance, the legal team will review medical records to understand the extent of injuries. It also allows them to predict future medical costs, rehabilitation fees, and long-term care expenses, if necessary.

A lawyer will also assess the victim’s lost wages and diminished earning capacity. Hence, they will also need employment records, which show the hourly and overtime pay, bonuses, and commissions. Moreover, they compute the amount of property damage by looking into repair estimates and appraisals.

Aside from the economic damages, they also evaluate non-economic ones like pain and suffering and loss of quality of life. The victim’s journal entries and mental health records help substantiate these damages. This thorough investigation allows claimants to receive maximum compensation.

Negotiate with insurance companies

Attorneys leverage their legal expertise to counter the tactics employed by the other driver’s insurance company. They handle all communications with insurance adjusters, ensuring their client’s rights are protected and preventing the accident victim from accepting unfair settlements.

Attorneys present strong and relevant evidence, such as medical records, police reports, and witness statements, to build a compelling case. Assessing damages accurately is crucial during this stage. By presenting the full extent of the damages, lawyers aim to secure maximum compensation for their clients.

Provide legal representation

Lawyers play a vital role in representing victims and offenders in distracted driving accidents by handling key court documents and providing in-court representation:

• Complaint: This document outlines the plaintiff’s cause of action and the remedy sought from the other party.
• Answer or Reply: The defendant’s formal response, either admitting or denying the plaintiff’s complaint.
• Cross-complaint: Filed by a defendant to either sue the plaintiff or claim that another party is liable for the incident.

In addition to preparing pleadings, attorneys represent clients in hearings, presenting evidence and cross-examining witnesses. They challenge opposing evidence and persuade the jury or judge to rule in their client’s favor. Through these legal strategies, they seek to secure compensation for victims of distracted driving accidents.

Filing a Case for Distracted Driving

Consult a Personal Injury Lawyer

Start by consulting a personal injury lawyer who is well-versed in California driving laws. You can agree on a contingency fee basis, where the attorney will receive 20 to 50 percent of the total recovery amount. Your lawyer will gather relevant evidence to prove that the at-fault driver exhibited distracted driving behaviors.

Notify the Insurer

Inform your insurance company and submit the required documents to prevent the denial of your insurance claim. If no amicable settlement is reached, your lawyer will file a complaint in a California court. The defendant must then be notified of the charges related to their distracted driving.

Engage in Discovery and Mediation

During the discovery process, both parties exchange evidence. Before the trial, a mediation conference provides another opportunity to reach a settlement. If no settlement is agreed upon, the case proceeds to trial, where a judge or jury will determine the outcome.

How to Choose the Right Distracted Driving Accident Lawyer

To find the right attorney for your case, follow these steps:

• Research Specializations: Look for lawyers who specialize in driving accidents caused by driver distraction.
• Verify Credentials: Check their credentials through the California State Bar.
• Schedule Consultations: Assess their communication skills and inquire about their success rate with similar cases.
• Discuss Fees: Understand fee arrangements and clarify any additional costs.
• Trust Your Instincts: Ensure you feel comfortable and confident in their ability to handle your case.

Contact a Skilled Distracted Driving Accident Lawyer

A personal injury attorney can help you collect relevant evidence, evaluate damages, and negotiate with insurance companies. They provide legal representation to ensure you receive just compensation for your injuries.