If you were injured in a crash because another driver was not paying attention to the road, you probably want to sue for damages. Unfortunately, proving a distracted driving injury claim is not always easy. This is why we recommend talking to our Washington, D.C. car accident lawyers about your case before you accept any settlements or offers. We can help you gather the evidence necessary to build a case and show why you are entitled to fair compensation.
What Evidence Can Support a Distracted Driving Injury Claim?
Some crucial pieces of evidence can help you build a case and support your distracted driving injury claim. Your lawyer can use any of the following to your advantage:
Witness testimony: It’s possible that someone else saw the other driver and could clearly tell that they were not paying enough attention to the road.
The contents and environment of a vehicle: A smartphone open to an app or internet browser could be evidence that the other driver was distracted. Open food containers and drinks could indicate that they were eating and not focused on the road. If their car is full of passengers or the radio is clearly operating at a high volume, this could be more evidence of distracted driving.
Phone records: Your lawyer can subpoena phone records. Texts or phone calls made at the same time of the accident can help prove a distracted driving injury claim.
Do I Need a Lawyer to Pursue a Distracted Driving Injury Claim?
You are not required to hire a lawyer when pursuing a distracted driving injury claim, but an attorney from our firm can do a lot to help you. Negotiating with insurance companies and handling all of the paperwork that comes with a lawsuit can be difficult, especially when you are recovering from serious injuries. You can let us handle your claim and focus on feeling better and getting back to life as usual.
What Kinds of Damages Can I Recover?
You can sue to cover all of your expenses stemming from the accident, but your compensation should also help make up for the psychic toll and stress that this accident caused. A fair offer would address:
- Medical costs
- Lost wages
- Loss of earning potential
- Pain from disability or disfigurement
- Loss of enjoyment of a hobby, sport, or activity you loved before the accident
- Any other pain and suffering
How Long Do I Have to Sue a Distracted Driver?
You do not have an unlimited amount of time to build a case and sue for damages. This is due to the statute of limitations in each state. File a case after that expires and it’s likely to be thrown out of court no matter how comprehensive it is.
Virginia gives accident victims two years to pursue damages. Washington, D.C. and Maryland give you three years to begin legal action.
Talk to a Lawyer Today
When you are ready to hold a distracted driver accountable, contact Trombly & Singer, PLLC. We can schedule a consultation and tell you more about what we can do to assist you.
