Important Factors in a Car Accident Case Caused by Distracted Driving

Unfortunately, because people aren’t perfect, car accidents are not uncommon. These incidents can be minor with minimal to no damage or injuries to catastrophic where fatalities occur—and everything in between. If you suffer injuries from a car accident, you may be entitled to compensation. To receive such a cash award, you need to file a lawsuit. Your Distracted driving lawyer Phoenix, AZ will like some important elements of the case to determine whether you have a legitimate claim.

Who Was at Fault?

It is vital to decide which party was at fault in the accident. There are a few ways to know this. Your attorney may begin by reviewing the accident report that responding police officers prepare. It can also be helpful to talk to witnesses of the accident or look at traffic surveillance cameras. As your attorney gathers this information, it can help to assess what caused the accident and which driver or drivers were responsible. In some accidents, both or all of the parties share some of the blame. The court will decide to what extent every driver was at fault. For example, the other driver may have been 75% at fault, while you were at 25%. Your damages would be reduced if you were partially at fault.

Was the Driver Negligent?

In some accidents, the driver at fault simply made a mistake or exercised poor judgment. However, other accidents occur because a driver was reckless or disregarded  his or her duty to be safe and law-abiding. Excessive speeding, aggressive driving, road rage and similar behaviors could demonstrate that the other driver was negligent and caused your injuries. Your attorney may even be able to show that the other party deliberately tried to hurt you. 

Can You Claim Damages

In an accident case, you must be able to prove that the injuries have affected you physically, mentally, emotionally and financially. Your lawyer will try to prove that you are entitled to receive payment for medical bills (including treatment, surgeries, doctor’s office visits and medication), lost wages, pain and suffering, and loss of enjoyment. The accident and injuries may also have affected your relationships and social life.

Filing an injury lawsuit following a car accident places a heavy burden on you. You must be able to prove that someone else was at fault and responsible for your injuries. You also must show that you can claim damages. Talk to our Distracted driving lawyer Phoenix, AZ at Saavedra Law Firm, PLC. today if you believe you have a case.