Countless motor vehicle accidents in Indiana occur because of distracted drivers. Unfortunately, this problem has only grown as technology continues to advance; with mobile phones, smartwatches, tablets s, and more, there are countless sources of digital distraction at the fingertips of most drivers.
Distracted driving car accidents in Terre Haute are all too common. When someone else’s careless actions have caused your injuries, you deserve compensation for what happened to you. However, proving that another driver was distracted at the time of your accident can prove extremely difficult, especially without the guidance of a seasoned attorney. The knowledgeable lawyers of Fleschner, Stark, Tanoos & Newlin have the skills and experience necessary to hold the negligent driver accountable for your losses.
Three different categories of driving distractions could result in a devastating Terre Haute car accident. While the nature of these distractions differs, the potential for a collision is the same. The three types of distractions include visual, manual, and cognitive distractions.
A visual distraction is something that draws the driver’s eyes away from the road. Looking away from the road for even a moment can have dire consequences, as a motor vehicle can travel a significant distance in the time it takes a driver to look away from the road. Some common examples of visual distractions include reading an email or watching a streaming video on a mobile device.
A manual distraction is an act that takes a driver’s hands away from the wheel. The risk associated with manual distraction goes beyond a driver taking a hand off the wheel, as it also divides their attention between driving and other tasks. Common manual distractions include changing the radio station, grooming, or eating.
Cognitive distractions are based entirely on taking a person’s attention away from the act of driving. This is possible even when there are no visual or manual distractions present. Common cognitive distractions include daydreaming or conversing with other passengers.
For a personal injury case to be viable, every accident (including those involving distracted drivers) must result from an act of negligence. Four important elements much be established to prove this negligence: a duty of care, a breach of this duty, causation, and damages.
There is rarely a dispute about the duty of care following a car accident. This is true because all motorists have an obligation to each other to drive safely. However, proving that this duty was breached is often a point of contention during litigation. A Terre Haute driver that causes a car accident due to distraction could satisfy this element.
The final two elements are causation and damages. Causation is the name given to the link between an act of negligence and your injuries. A distracted driver must be directly responsible for these injuries to be liable. Additionally, there must be measurable damages as a result of this act of negligence.
If you were involved in a distracted driving car accident in Terre Haute, you have the right to pursue legal action. A successful civil lawsuit could result in a monetary award for your injuries, but recovering fair compensation can be challenging to do on your own. Reach out to an experienced injury attorney from Fleschner, Stark, Tanoos & Newlin today for tenacious guidance.
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The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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