A driver’s attention should be to the safe operation of their vehicle. Unfortunately, distracted driving is a major cause of accidents on roadways, with many resulting in serious injury to others. If a distracted driver caused your accident, our Montgomery distracted driving accident attorney can seek damages for you from that individual.
The Law Office of Dwayne L. Brown has been helping injury victims for 30 years obtain the fair compensation they deserve. Our Montgomery car accident lawyer can manage your case while you recover. Call us today for a free case consultation. A member of our staff can explain your legal options.
What is Distracted Driving?
According to the Alabama Department of Transportation (ALDOT), there were 67 fatalities linked to distracted driving. The 2022 Crash Facts report also states that there has been a 90% increase in pedestrian fatalities since 2013.
Distracted driving is a form of driver negligence. In today’s high-tech world, the most common form of distracted driving involves mobile devices. Cell phones, tablets and other communication devices used when driving can take attention away from the road. Just reading a text message can remove your eyes from the road for five seconds or more. This is equivalent to driving with your eyes closed, and at any moment, the car in front of you can stop, or a child could run into the street.
However, distracted driving can also occur when the driver is eating, drinking a beverage, conversing with others in the vehicle or doing any activity that takes their eyes off the road.
Proving Distracted Driving in a Montgomery Car Accident Claim
If another driver hits you while walking, on a bicycle, or riding a motorcycle and causes an injury, it is usually their fault. If they have insurance, it will cover injuries and some expenses, but never expect more than a minimal payout.
Insurance companies are in business to make money, not give it away. However, if you can prove the driver was negligent, as is the case with distracted driving, you may be able to file a personal injury claim to obtain a higher level of compensation for your injuries.
What Is Negligence?
For you to have an accident claim, we must prove there was negligence. Negligence requires that:
- That the defendant had a professional or legal obligation to your safety.
- They failed to ensure your safety or violated a law.
- Their decision led to an accident.
- You suffered injuries and financial losses.
In distracted driving accident cases, we can prove these four elements of negligence with such evidence:
- The police report
- Medical records
- Eyewitness statements
- Photographs of the accident scene, injuries, and vehicles
- Video from traffic cameras, dash cams, and CCTV
- Physical evidence, such as skid marks and road conditions
Our Montgomery personal injury lawyer can also seek expert testimonies to verify your prognosis and financial prospects and reconstruct the dynamics of the accident. Plus, we can subpoena cell phone records to establish whether the driver was on their phone at the time of the crash.
Damages Our Montgomery Distracted Driving Accident Lawyer Seeks
Our personal injury law firm has been very successful at helping injury victims, obtaining $100 million in fair compensation for past clients. Attorney Dwayne Brown works with a small number of clients at any one time, focusing on their needs and creating a personalized strategy based on the circumstances in their case.
While every personal injury case is unique, and your settlement should reflect the damages you have experienced, there are common damages you may be entitled to receive:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of quality of life
- Loss of enjoyment of life
- Medical expenses
- Lost wages
- Reduced earning potential
- Property damages
Your damages may include these and more. Additionally, your settlement offer should account for your current and possible future losses. Our distracted driving collision attorney in Montgomery will compile your damages and seek the maximum compensation possible.
The Statute of Limitations on Car Accident Lawsuits
Our goal as your car accident lawyer is to settle your case with the best possible resolution for you. Though most personal injury cases settle out of court, we will prepare your case for trial just in case the insurance companies devalue or deny your car accident claim.
Your right to file a lawsuit is powerful leverage during settlement negotiations, so contacting our Montgomery distracted driving accident attorney as soon as you can allows us to retain that leverage. Typically, you have two years from the date of the accident to file a personal injury lawsuit with the Montgomery County courthouse. If you miss that deadline, you could be left covering your damages.
Steps to Take After a Car Accident in Montgomery
If you have been in a car accident caused by a negligent driver who was distracted behind the wheel, we advise you to do the following:
- Move to the side of the street and out of danger
- Check for yourself and others for injuries
- Call 9-1-1 and let them know where you are and your status
- If possible, take pictures and video of the accident scene, your injuries, and the vehicles
- Exchange information with the other driver and witnesses
- Go to the emergency room or see a doctor immediately
- Follow your doctor’s orders
Additionally, be very careful what you say to others. When speaking with the police, only present what you know and don’t make assumptions. You should also stay off social media for the time being. Even the most innocent of statements can be used against you, so avoid talking to the insurance companies before speaking with us first.
Get Started Today With a Montgomery Distracted Driving Accident Attorney
The Law Office of Dwayne L. Brown is dedicated to helping clients receive the compensation their injuries and losses deserve. Plus, our Montgomery distracted driving accident lawyer represents clients on contingency, so you pay nothing unless we win.
If you have been injured by a distracted driver, let our knowledge and experience work for you. Contact our office in Montgomery for a consultation and discuss your legal options today.
Montgomery Distracted Driving Accident FAQs
Can I still claim damages if I was also at fault in a distracted driving accident in Montgomery?
Yes, Alabama follows a strict contributory negligence rule, which means that if you are found even 1% at fault for the accident, you might not be able to compensation. However, don’t assume fault without speaking to a qualified attorney. At Dwayne L. Brown, our legal team will investigate thoroughly to determine liability and protect your rights. It’s especially important in Montgomery to act quickly, as these cases can hinge on nuanced evidence like traffic footage or witness accounts.
Are distracted driving cases harder to prove than other types of car accidents?
Proving distracted driving can be more complex than standard rear-end or red-light accidents because the behavior is often fleeting and not always caught on camera. However, at our Montgomery firm, we utilize tools like cell phone record subpoenas, dash cam footage, and expert accident reconstruction to build a compelling case. Attorney Dwayne L. Brown’s experience with these technical claims helps ensure no detail is overlooked.
What happens if the distracted driver was uninsured or fled the scene?
If the at-fault driver was uninsured or committed a hit-and-run, you may still have options through your own uninsured motorist (UM) coverage. Many drivers in Montgomery aren’t aware they carry this protection, but it can provide compensation for medical bills, lost wages, and more. The Law Office of Dwayne L. Brown can help you file a UM claim and negotiate with your insurer, who may not be eager to pay out without pressure.
How does distracted driving affect motorcycle or pedestrian injury cases in Montgomery?
Motorcyclists and pedestrians are especially vulnerable in distracted driving accidents due to the lack of protection, and these cases often involve severe or catastrophic injuries. In Montgomery, these claims require a different approach, including detailed medical documentation and often expert testimony to explain the long-term impact. Our firm tailors every case strategy to reflect the increased stakes in these vulnerable-user scenarios.
Law Office of Dwayne L. Brown
Address: 2740 Zelda Road, Suite 500 Montgomery, AL 36106
Phone: 334-277-3757
Opening Hours: Available 24/7
