Filing a claim against a distracted driver can be a complex and challenging process. To help you navigate this situation, below are some frequently asked questions (FAQs) to provide you with valuable insights and guidance.
What Steps Should I Take Immediately After A Car Accident Involving A Distracted Driver?
After a car accident involving a distracted driver, your first priority should be your safety and the safety of others involved. Ensure that everyone is okay and seek medical attention if necessary. Next, contact the police to report the accident and gather essential information, such as the driver’s contact details, license plate number, and insurance information. Document the scene by taking pictures, if possible, and collect contact information from any witnesses. Finally, it’s crucial to consult with our experienced Newark car accident lawyer to assess your legal options.
How Can I Prove That The Other Driver Was Distracted At The Time Of The Accident?
Proving that the other driver was distracted can be challenging, but it’s not impossible. Your attorney will investigate the accident thoroughly, examining cellphone records, witness statements, and any available video footage or surveillance footage. Eyewitness accounts, photos, and expert testimony can also be crucial in establishing that distraction played a role in the accident.
What Compensation Can I Seek In A Claim Against A Distracted Driver?
When filing a claim against a distracted driver, you may be eligible for compensation for various damages. These can include medical expenses, property damage, lost wages, pain and suffering, and even punitive damages in cases of extreme negligence. Your lawyer can assess your unique situation and help you determine the types and amounts of compensation you may be entitled to pursue.
How Long Do I Have To File A Claim Against A Distracted Driver?
The statute of limitations for filing a claim against a distracted driver varies by state. In some states, you may have as little as one year to file a claim, while in others, you may have up to two or more years, like in the state of New Jersey. It’s essential to consult with your lawyer as soon as possible to ensure you don’t miss any critical deadlines.
What Are Some Common Types Of Injuries Resulting From Distracted Driving Accidents?
Distracted driving accidents can lead to a wide range of injuries, depending on the severity of the collision. Common injuries include:
- Whiplash: Sudden acceleration or deceleration from a distracted driver’s actions can cause neck injuries, commonly known as whiplash.
- Broken Bones: Fractures and broken bones are common, especially in high-impact collisions. These injuries can range from minor fractures to more severe ones requiring surgery.
- Traumatic Brain Injuries (TBIs): Severe accidents can result in head injuries, including concussions and traumatic brain injuries, which may have long-term effects on cognitive function.
- Soft Tissue Injuries: Bruises, cuts, and contusions are common, as well as injuries to muscles, tendons, and ligaments.
If you’ve been involved in an accident with a distracted driver, don’t hesitate to reach out to Rispoli & Borneo P.C. today. Our dedicated legal team is here to help you navigate the process, protect your rights, and seek the compensation you deserve. Contact us now to schedule a consultation and take the first step towards justice and recovery.