According to the National Highway Traffic Safety Administration (NHTSA), an estimated nine people are killed and over 1,000 injured every day because of accidents involving distracted drivers. These accidents are tragic, destroying lives and leaving families devastated and forever altered.
If you or a loved one is hurt and suffering because of a distracted driver’s negligent behavior, you have the right to hold them responsible for their actions. A Carmel distracted driving accident lawyer from Sevenish Law Firm, P.C., may be able to help. Our personal injury attorney can gather evidence to determine liability and build a case to pursue compensation for your injuries when we represent you.
Sevenish Law Firm, P.C., is dedicated to personal injury cases, unlike discount law firms that are jacks of all trades but masters of none. For a free, no-obligation review of your case, contact Sevenish Law Firm, P.C., at (317) 720-3229 today.
Understanding the Dangers of Distracted Driving in Carmel, IN
While most people immediately think of the dangerous practice of texting and driving when they hear about distracted driving, the truth is it refers to any activity that takes your focus off driving. It could include activities like:
- Changing the radio station
- Fiddling with your navigation system
- Talking to passengers in your car
- Tending to children or pets in the back seat
- Talking on the phone
- Eating or drinking behind the wheel
- Looking at the scenery around you
- Daydreaming
Admittedly, texting while driving is one of the most dangerous types of distracted driving behaviors because it involves all three of the main types of distractions, according to the Centers for Disease Control and Prevention (CDC):
- Cognitive: Focusing on your phone and the message you are sending rather than driving.
- Physical: Removing your hands from the steering wheel to send the text.
- Visual: Looking at your phone rather than the road.
The CDC reports that if you spend just five seconds sending or reading a text while driving 55 miles per hour, you have driven far enough during that time to cover the length of a football field.
For a free legal consultation with a distracted driving accidents lawyer serving Carmel, call 317-636-7777
Kentucky Laws That May Impact Your Carmel, IN, Distracted Driving Case
There are two state laws you should be aware of that could impact your case: the statute of limitations for Indiana and the legal doctrine of modified comparative negligence.
Indiana’s Statute of Limitations
According to Indiana Code 34-11-2-4 for personal injury accidents, the plaintiff generally has two years from the date of the accident to pursue compensation for injuries, and other losses sustained in an accident. If they fail to file a claim within two years, they may be barred from recovering any amount of compensation via a lawsuit. According to Indiana Code 34-23-1-1 for death from a wrongful act, the family of the deceased generally has two years from the date of their death to file a wrongful death lawsuit.
Our car injury lawyers will file your distracted driving injury case on time and within the statute of limitations deadline that applies to your case. When you hire our distracted car injury lawyer to handle your Carmel, IN, case, you don’t have to worry about deadlines, as we will handle them for you.
Modified Comparative Negligence
Comparative negligence is a legal doctrine that allocates damages after an accident. It allows the victim to recover some of their losses, even if they are partially responsible for causing the accident. In the state of Indiana, the fault threshold is 51%. If it is determined that you are 51% or more responsible for the accident, you may be barred from recovery. If your amount of fault is less than 50%, you may still be able to recover compensation.
Car injury lawyers sometimes use the modified comparative negligence rule as a defense tactic and may claim you are partially, or even mostly, responsible for the accident to reduce their client’s liability. A Carmel distracted driving accident lawyer from Sevenish Law Firm, P.C. can defend you against underhanded tactics like these.
For a free review of your distracted driving accident claim, call Sevenish Law Firm, P.C. at (317) 720-3229 today.
Carmel Distracted Driving Accident Lawyer Near Me 317-636-7777
Types of Recoverable Damages After a Carmel, IN, Distracted Driving Accident
There are many types of damages that you may be able to recover after a distracted driving accident. Some of them include:
- Hospital stays
- Surgical procedures, medication, and physical therapy
- Assistive devices like walkers or wheelchairs
- Lost income and benefits
- Loss of earning potential
- Disfigurement or dismemberment
- Pain and suffering
- Out-of-pocket expenses
- And more
Wrongful Death
If your loved one did not survive the accident or died later because of the severity of their injuries, you could pursue the negligent driver for your damages with a wrongful death lawsuit. Some damages that victims may be able to recover in a wrongful death action include:
- Funeral and burial expenses
- Medical costs left to the family to pay
- Out-of-pocket costs related to the care of the victim before their death
- Income and benefits previously provided by the deceased
- Loss of consortium
- Loss of support and protection
- Pain and suffering
- And more
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How Sevenish Law Firm, P.C., Can Help Your Carmel Distracted Driving Car Accident Case
We understand how overwhelming it can be to think about taking legal action after a distracted driving car accident in Carmel, especially if you are still in pain and suffering from your injuries. However, a Carmel distracted driving accident lawyer from Sevenish Law Firm, P.C., can help take the burden off you and build a case to pursue compensation for your losses when we represent you.
The following are some ways we help distracted driving accident victims:
- Answering your questions about the laws and providing you with support and guidance
- Gathering evidence related to your accident to determine liability (e.g., witness statements, police reports, relevant medical records, photos and videos of the accident)
- Gathering bills, receipts, and other documentation that details your financial losses
- Consulting with your physical and other medical and mental health professionals to fully understand the impact your injuries will have on your quality of life
- Calculating the value of your case, including the cost of your pain and suffering
- Negotiating with the insurance company or the defendant’s lawyer for a fair settlement
- Fighting for your rights at trial if a fair settlement cannot be agreed upon
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What to Do After a Carmel Distracted Driving Car Accident Happens
Getting into an accident can be jarring for anyone, but it’s important to remain calm and focused on taking control of the situation as much as you can. Here are steps to take if you are in an accident with a distracted driver:
- Check yourself and your passengers for injuries. Note any visible injuries and how you’re feeling physically overall. If you can, you should also get to a safe place while you wait for the police and paramedics to arrive.
- Call the police and paramedics. No matter how minor the accident is, call 911 for help and report the accident. Request that a police officer and paramedics come to the accident scene. You should receive medical help from emergency responders and get the police officers’ information. Get a copy of your medical report, whether you were treated at the scene or during a follow-up visit at a hospital. You should get an examination regardless of how you feel or if injuries are apparent. Not all injuries surface right away. You also should get a copy of the police report, which you will need for an insurance claim and proof for your case.
- Get information for all drivers involved. You should reach out to get everyone’s identification, insurance information, phone numbers and other essential information you need. Keep conversation about the accident to a minimum. Do not admit fault or apologize. You can also reach out to witnesses and get their information if possible.
- Document the accident scene. You can take photos of the scene itself and the vehicles involved. Note the signage, traffic signals, road conditions, and weather conditions, as well. You can also photograph your injuries and record video footage, too.
- Contact your insurance company. Tell the adjuster about your accident, sticking to the details. You can mention that you have received or are receiving medical care.
- Connect with a Carmel distracted driving car accident lawyer. Our firm can take over your case and manage all communications with your insurer and the other driver’s insurer. Hiring legal representation can make it easier to take care of your legal matters while recovering from the collision. We can file your insurance claim and lead settlement negotiation talks. We can also seek financial recovery for you in court if we cannot settle your case.
Call Us Today for Legal Help With Carmel Distracted Driving Car Accident Lawyer
If you were injured in a vehicle crash that a distracted driver caused in Carmel, Indiana, you can seek to hold that person accountable for the injuries and damages you suffered. Our Carmel distracted driving car accident lawyer can seek compensation for your losses. We encourage you to reach out to us as soon as possible so that we can start on your case as soon as possible.
For a free, no-risk review of your case, contact Sevenish Law Firm, P.C. at (317) 720-3229 today.
Call or text 317-636-7777 or complete a Free Case Evaluation form
