Despite all the warnings and public service announcements, drivers continue to get behind the wheel while they are distracted. Distracted driving causes tens of thousands of crashes every year. If you were sideswiped by a driver talking on a cell phone, you might be able to recover damages through a personal injury claim against the other driver.
Distracted driving is negligent. If you can prove negligence, your odds of a successful personal injury claim increase greatly. You should always consult with a personal injury attorney as soon as you can after an auto accident.
The Elements of Negligence
When you can prove all four elements of negligence have been met, you will have a successful personal injury claim. The first element is easy to prove, as it is evident. You must show there was a duty. Anyone behind the wheel of a vehicle has a duty or responsibility to adhere to traffic laws and act in a safe manner to protect others from harm.
You then must show that duty was breached. In this situation, the driver was distracted and breached that duty when he or she crossed into your lane of traffic. So, you have met the first two elements of negligence.
The third element involves causation. You must show that the breach of duty caused the accident that resulted. In this case, when the driver became distracted and entered your lane of traffic, they sideswiped your car and caused the accident.
Then last, you must prove that accident that was caused led to your damages. You would not have been injured if there was not a sideswipe accident and your car would not have been damaged had you not been sideswiped. When all four elements of negligence have been proven, you have a strong personal injury claim.
Kinds of Injuries
There are different kinds of injuries that might result from being sideswiped by a driver talking on a cell phone. Common injuries include soft tissue injuries such as whiplash, broken bones, lacerations, contusions, head and neck injuries, back injuries, and mental trauma, such as PTSD.
You should always seek out medical care as soon as possible after a crash to establish there was an injury. Medical treatment should be acquired within the first 72 hours after an accident, so the insurance company has evidence you were aware of being hurt in the crash. Some injuries do not really become obvious until days or weeks later, so it is wise to be checked over as a precaution.
Consult With a Personal Injury Lawyer
If you were sideswiped by a driver talking on a cellphone, you should consult with a personal injury attorney. There is a statute of limitations, so time is of the essence. Don’t wait until it is too late to pursue a claim.
Your attorney will investigate your accident, gather evidence and documentation, determine your damages, and then establish the best way to proceed with your claim. Complete the Free Case Evaluation Form on this page today!
