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 accidents, you may be able to file a personal injury claim in Montgomery 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 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.
What Damages Can Our Lawyer Help You Seek in a Distracted Driving Accident Claim?
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, including:
- 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 attorney as soon as you can allows us to retain that leverage in your distracted driving accident case. 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.
