Most states now ban the use of a cell phone while driving, but it is a ban that is hard to enforce and many drivers readily admit that they still use their cell phone when they know they shouldn’t. It is now common to be hit, or even forced off the road by a driver who is talking on a cell phone. If you have been injured and your vehicle damaged as a result of the accident, you should consider claiming compensation with the help of a personal injury attorney. This can help pay for medical treatment, lost earnings, repairs to your vehicle and compensate for the emotional effect of the accident.
What is the Chance of Being Forced Off the Road by a Distracted Driver?
Unfortunately, too many drivers think they can talk on a cell phone and drive at the same time. Many drivers continue to do this when statistics prove that it is dangerous. The reality is that you are not immune from another driver’s poor choices when you are on the road. Even when you drive as defensively as possible, it s still possible that you are forced off the road by a driver using their cell phone at the wrong time. This happens either when the driver is in an oncoming vehicle and veers over the center line, or passes another vehicle approaching you, or is in the process of passing your vehicle, but far too close.
Possible Crash Injuries When Forced Off the Road
If your vehicle is forced off the road, you could sustain injuries ranging from minor cuts and bruises right through to severe brain damage, burns, spinal injury and severe blood loss from lacerations caused by an impact with a solid object that your vehicle is forced into.
The range of injuries depends on so many different factors that it cannot be determined with any accuracy without consideration of the exact circumstances involved. The worst injuries occur when the accident happens at high speed, there is a drop off on the side of the road, a solid object is struck when forced off the road and you are driving a relatively small or lightly built vehicle.
What You Could do to Recover Damages
You have the right to sue the driver for the financial and psychological cost of your injuries if the accident you were involved in was caused by negligence. Personal injury laws in every state make it mandatory that you prove that your injuries were caused by negligence. In some states, the amount of compensation may be reduced if it is determined that you were partly to blame yourself. If you were forced off the road, it is likely that there will be evidence showing what happened. There may be other drivers or bystanders who saw what happened and may even be able to remember seeing the other driver using a cell phone, although this is often hard to prove.
If you are sure that you noticed that the driver was using a cell phone just before the accident, then your attorney may be able to sub-poena the cell phone provider of the at-fault driver to determine whether the driver’s cell phone was being used at the precise time of the accident.
Why You Should Use an Attorney to Help You With a Personal Injury Claim
It is hard obtaining fair and adequate compensation after a vehicle accident if you do all the paperwork yourself. Insurers rarely admit that their client has been negligent without clear proof of negligence, e.g. using a cell phone while driving isn’t always easy to prove. An experienced personal injury attorney can make all the difference when making a claim.
