A University of Alabama study found that crashes involving distracted driving in Alabama spiked dramatically in a recent two-year span, adding to the danger of Alabama’s roads—which are already among the most dangerous in the country.
If a distracted driver caused an accident where you or a loved one suffered an injury or death, then that person may be responsible for any losses you sustained because of your injuries. When you reach out to the team at the Morris Bart law firm, you can learn more about how a Birmingham distracted driving accident attorney can handle your case. Our personal injury lawyers can tackle the legal process while you rest.
Birmingham Distracted Driving Accident FAQ
The best way to prevent distracted driving is by staying informed and aware. These answers to frequently asked questions from a Birmingham distracted driving accident lawyer are a good place to start.
What Is Considered Distracted Driving?
Is Distracted Driving Negligence?
For a free legal consultation with a Distracted Driving Accident lawyer serving Birmingham, call (205) 380-4158
What Is Considered Distracted Driving?
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving killed 3,142 people in 2019. But what is distracted driving exactly? Distracted driving is any activity that diverts attention from operating your vehicle attentively. You cannot drive safely unless you do so with full attention.
If you are unsure whether the driver who caused your accident was distracted just before the crash or at the point of impact, consider the various forms of distracted driving. Some common causes of distracted driving include:
- Reading or writing text messages
- Checking or posting on social media
- Taking photographs or videos
- Making a phone call or dictating a text message, even if it is hands-free
- Taking your eyes off the road to engage with others inside or outside the vehicle
- Taking a hand off the wheel or eyes off the road to adjust the car’s radio or other features of its entertainment system
- Eating while driving
- Engaging a navigation system or application
In many states, a person may be guilty of distracted driving if they take their eyes from the road, hands from the wheel, or attention from driving at any point. Drivers violate this standard all the time, often to no consequence.
Still, if the person who caused your accident did anything that qualifies as distracted driving, you may be entitled to compensation. You might benefit from discussing your case with a distracted driving car accident lawyer.
Is Distracted Driving Negligence?
Because negligence constitutes breaching a duty of care to others on the road, distracted driving can be considered negligence. When a motorist drives while distracted by something else, they are not upholding their duty of care to maintain safe driving practices.
If a distracted driver caused your accident, you must prove that that driver behaved negligently if you want to hold them liable for your compensation for injuries and damages you sustained.
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How to Recognize Distracted Driving
If you are unsure whether the driver who caused your accident was distracted just before the crash or at the point of impact, consider the various forms of distracted driving.
Some common causes of distracted driving include:
- Reading or writing text messages
- Checking or posting on social media
- Taking photographs or videos
- Making a phone call or dictating a text message, even if it is hands-free
- Taking your eyes off the road to engage with others inside or outside the vehicle
- Taking a hand off the wheel or eyes off the road to adjust the car’s radio or other features of its entertainment system
- Engaging a navigation system or application
In many states, a person may be guilty of distracted driving if they take their eyes from the road, hands from the wheel, or attention from driving at any point. Drivers violate this standard all the time, often to no consequence.
Still, if the person who caused your accident did anything that qualifies as distracted driving, then you may be entitled to compensation. You might benefit from discussing your case with a Birmingham distracted driving accident lawyer.
What You Need to Know About Code Title 32-5A-350
Alabama has strict driving laws about operating a vehicle while distracted. Ala. Code § 32-5A-350 specifically prohibits drivers from interacting with text messages while driving. It is illegal to send, read, or compose typed messages under these circumstances. Drivers can no longer use cell phones or other devices to manually type, send out, or read emails, instant messages, or text messages.
This law, enacted in 2012, was designed to deter distracted driving and minimize the risk of catastrophic collisions. While Alabama currently bans texting, it does not have a statewide handheld ban.
If you suspect that a driver was sending or receiving text messages during a collision, reach out to a distracted driving attorney in Birmingham today.
When Should You Call a Lawyer to Discuss Your Case?
Distracted driving is dangerously common, with ever-present mobile phone use being just one driver of the trend. According to the Centers for Disease Control and Prevention (CDC), the daily toll of distracted driving accidents is steep—it includes not only thousands of injuries but around nine deaths per day.
While distracted driving can be a criminal matter, it’s important to pursue your own case against a distracted driver if you received an injury during a distracted driving accident in Birmingham. A personal injury attorney can help you pursue compensation to help you cover lost wages, medical bills, and non-economic damages.
If the person who caused your accident was distracted, it is almost certain that the attention they took away from the road caused or contributed to your accident and any injuries you suffered. A Birmingham distracted driving accident lawyer can work with you to prove the negligence of the defendant or defendants in your case.
How to Prove Negligence in a Distracted Driving Accident
Depending on the nature of your case, your attorney may represent you in a trial, or the case may be settled out of court. Distracted driving cases can be complex, and the plaintiff has an obligation to establish that negligence on the part of the driver occurred. Negligence cases that arise from car accidents will generally involve a lawyer following four broad steps.
Two drivers are arguing after their cars collided in a distracted driving accident.
Explaining to the Jury that the Defendant Owed You a Duty of Care
The duty of care is the implied duty of all drivers not to put other drivers, passengers, and pedestrians at unreasonable risk of harm. Distracted driving generally qualifies as an unreasonable risk of harm to others.
Making the Case that the Defendant Breached Their Duty of Care
This argument will look different based on the defendant who you are suing. In a distracted driving case, at least one of the arguments is that the distracted driver (the defendant) breached their duty of care to you by willingly engaging in a behavior that qualifies as distracted driving.
Linking the Breach of Duty of Care to Your Injuries
It is important to show that the breach of duty of care—in this case, distracted driving—caused the accident that caused your injuries.
Explaining to the Jury the Losses You Suffered Because of the Breach
Your lawyer will calculate the damages that you have incurred because of the accident and lobby the jury to award you compensation for these damages.
A Birmingham distracted driving accident lawyer can rely on prior experience and knowledge of the law surrounding distracted driving and negligence in the service of your case.
Awards May Vary Based on the Nature of Your Case
When distracted driving causes an accident, the consequences are often severe. Distracted drivers may be completely unaware of an impending collision and thus less likely to brake, swerve, or conduct another maneuver that could reduce damage. It is not uncommon for victims of distracted driving accidents to die.
You may be bringing either a personal injury or a wrongful death claim. If yours is a personal injury lawsuit, awards may include financial coverage for:
- Pain and suffering
- The cost of any emergency transportation and care
- The cost of any surgeries, tests, or other medical procedures required because of the accident
- The cost of any hospital visit and follow-up medical appointments, including but not limited to rehabilitation
- Lost income due to the accident
- Long-term or permanent disability
- Any dreams or pursuits that will no longer be possible for you due to your injuries (these may be academic, professional, or personal in nature)
- Punitive damages
Wrongful Death Claims
Working with an experienced Birmingham distracted driving accident lawyer can help you fight for punitive damages in a timely manner if your loved one was killed due to the negligent actions of another party. These damages are meant to punish the liable party and prevent future acts of negligence.
There is no replacing your loved one or erasing the effects of your injury, but a Birmingham distracted driving accident lawyer can fight to secure the compensation you deserve.
See a Doctor to Protect Your Case
Your medical records can help a Birmingham distracted driving accident lawyer assess your damages. For example, if you require long-term medical care, you will want your settlement offer to reflect that accident-related expense. This is why it’s so important to see a doctor after an accident.
Only a physician can diagnose your injuries and prescribe a treatment plan. Furthermore, insurers will be looking for reasons to undervalue or deny your claim. If you delay or forgo treatment, they may argue you contributed to your losses. Protect your health and your case for compensation by seeking medical attention.
Morris Bart & Associates, LLC Has a History of Success
At the Morris Bart Law Firm, we work hard to give every client a chance to be heard and fight for compensation after a car accident. Our team has over 40 years of experience fighting for our clients, and we won over 6,500 cases in 2019.
In a recent case, we helped our client receive over $850,000 in damages following a car accident in which they received significant injuries. Whether you suffered a neck and back injury, lost wages due to missing work, or had your property damaged as a result of a distracted driving car accident in Birmingham, we’re here to help.
Call Our Birmingham Distracted Driving Accident Team Today
We work on a contingency fee basis, so our clients do not pay out of pocket—we only get paid attorneys fees if you receive a settlement or judgment. Contact our distracted driving accident lawyers in Birmingham today to get started on your case.
Questions?Call (205) 380-4158
to find a Morris Bart office near you.
