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. We 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) 636-7777 today.
Understanding the Dangers of Distracted Driving
While most people immediately think of the dangerous practice of texting and driving when they hear about distracted driving, the truth is that it refers to any activity that takes your focus off your driving. It could include activities like:
- Changing the radio station
- Fiddling with your navigation system
- Talking to passengers in your car
- Talking on the phone
- Eating or drinking behind the wheel
- Looking at the scenery around you
- Daydreaming
Admittedly, texting and driving is one of the most dangerous types of distracted driving behavior, because it involves all three of the main types of distraction, according to the Centers for Disease Control and Prevention (CDC):
- Cognitive: focusing on your phone and the message you are sending rather than your 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
Laws That May Impact Your Case
There are two 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 the 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 the 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.
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.
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 in order 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) 636-7777 today.
Carmel Distracted Driving Accident Lawyer Near Me 317-636-7777
Types of Recoverable Damages After a 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 wages
- 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 have the right to pursue the negligent driver for your damages with a wrongful death lawsuit. Some types of damages that victims may be able to recover in a wrongful death claim 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
- Wages and benefits previously provided by the deceased
- Loss of consortium
- Loss of support and protection
- Pain and suffering
- And more
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The Sevenish Law Firm, P.C. Is Here for You
We understand how overwhelming it can be to think about taking legal action after a distracted driving car accident, 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 of you and build a case to pursue compensation for your losses when we represent you.
Some specific ways we can help are by:
- Answering your legal questions and providing you with support and guidance
- Gathering evidence related to your accident to determine liability
- 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
For a free, no-risk review of your case, contact Sevenish Law Firm, P.C. at (317) 636-7777 today.
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