When driving, you always must trust that other drivers have both your and their best interests at heart. Driving in any situation is a risky business because you must always be ready to avoid certain situations or do your best to diffuse them. No matter how skilled you are at driving, you are always at risk of being involved in a car accident. Distracted drivers have recently caused a spike in car accident lawsuit cases, but how? Read on for more information on these car accident lawsuit cases and why they are so recurrent.
Distracted drivers have always existed, but recently they have really been on the rise. The surge of smartphone usage while driving has caused car accident lawsuit cases to skyrocket. Just think about when you drive, how could you become distracted? You could be trying to eat while driving or talking to the person in your passenger seat. Though texting or talking on the phone while driving is more likely the most common way people become distracted while driving, it is most definitely not the only way.
Distracted driving is a driving behavior (no pun intended) that could lead to a lawsuit based on either negligence or negligence per se. Negligence per se is “assumed” negligence because the driver violated a statute. If you are involved in a car accident lawsuit case, hiring a lawyer would always be your best option. A lawyer can help you build your case and maximize your compensation. In most cases, a plaintiff can receive more money when he or she can prove that something distracted the other driver. If the other driver was operating the vehicle conscientiously, you would still receive compensation, but it would not be to its fullest potential. It is typically easier to prove negligence in distracted driving cases using eyewitness testimony and other evidence from the automobile accident.
Another basis plaintiffs could receive greater compensation in distracted driving accidents is the opportunity for punitive damages. Punitive damages are not common in personal injury claims, but they are possible. The court may award punitive damages to penalize a defendant for intentional negligence. So, for example, if you were in a car accident because the other driver was texting and driving, they would have to pay for punitive damages because cell phone usage is a risk while driving. The courts may contend that the driver knew or reasonably should have known of the risk of harm and was therefore negligent in performing the act of texting and driving anyway.
If you are involved in a car accident due to a distracted driver be sure to contact a lawyer today. The N. Craig Richardson legal team is always ready to fight for you and to help ensure that justice is served. Let the N. Craig Richardson legal team help you build your case and maximize your compensation. If you or anyone you know have recently been in an automobile accident please visit https://www.ncrlegal.com or call (337) 433-0234 for more information on how to develop a comprehensive legal case.