Distracted Driving Accidents in Phoenix
Distracted Driving Accident Attorney for Phoenix Accidents
For Arizona, distracted driving is a serious threat to road safety, accounting for thousands of motor vehicle accidents and fatalities every year. In Phoenix, the prevalence of distracted driving incidents has raised significant concerns among both residents and law enforcement agencies. Understanding the implications of distracted driving laws is crucial for anyone involved in a motor vehicle accident, as these laws can significantly influence liability and the outcome of legal cases.
What is Distracted Driving?
Distracted driving is a serious threat to road safety, accounting for thousands of car accidents and fatalities every year. It refers to any activity that takes a driver’s attention away from the task of driving, including visual, manual, and cognitive distractions. Visual distractions take a driver’s eyes off the road, manual distractions take a driver’s hands off the wheel, and cognitive distractions take a driver’s attention away from driving. Examples of distracted driving include texting, talking on the phone, eating, drinking, grooming, adjusting the radio, or using a GPS device.
Common Causes of Distracted Driving
Distracted driving is a complex issue with multiple causes. Some of the most common causes of distracted driving include:
Cell phone use: Texting, talking, and browsing on a cell phone are among the most common causes of distracted driving.
Passenger distractions: Interacting with passengers, especially children or pets, can take a driver’s attention away from the road.
Eating and drinking: Eating or drinking while driving can be a significant distraction, especially if it requires taking hands off the wheel or eyes off the road.
Navigation systems: Using a GPS device or navigation system can be a distraction, especially if it requires manual input or visual attention.
Fatigue: Driving while tired or fatigued can impair a driver’s ability to focus on the road and react to hazards.
Types of Car Accidents Caused by Distracted Drivers
Distracted driving can cause a wide range of car accidents, including many Phoenix car accidents:
Rear-end collisions: Distracted drivers may fail to stop in time or react to changes in traffic, leading to rear-end collisions.
Head-on collisions: Distracted drivers may drift into oncoming traffic or fail to react to hazards, leading to head-on collisions.
Side-impact accidents: Distracted drivers may fail to yield or react to other vehicles, leading to side-impact accidents.
Rollover accidents: Distracted drivers may lose control of their vehicle, leading to rollover accidents.
Injuries and Fatalities Resulting from Distracted Driving Accidents
Distracted driving accidents can result in serious injuries and fatalities. Some of the most common injuries include:
Traumatic brain injuries: Distracted driving accidents can cause severe head trauma, leading to traumatic brain injuries.
Spinal cord injuries: Distracted driving accidents can cause damage to the spinal cord, leading to paralysis or loss of motor function. Neck injuries can also result in damage to vital nerves.
Broken bones: Distracted driving accidents can cause broken bones, especially in high-speed collisions.
Soft tissue injuries: Distracted driving accidents can cause damage to muscles, ligaments, and tendons, leading to soft tissue injuries. These often cause physical pain and physical injuries that surface after the auto accident.
Internal injuries: Distracted driving accidents can damage internal organ through impact force. It is important to seek immediate medical attention if you suspect you have an internal injuries after an auto accident.
Permanent disability and death: Distracted driving can cause fatal car accidents and catastrophic injuries that require ongoing medical care and physical therapy.
A Car Accident Attorney Can Help You Win Multiple Sources of Financial Compensation
Beyond physical injuries, a car accident lawyer will seek compensation for you for the following:
Lost wages:
Property damage:
Post traumatic stress disorder:
Medical expenses:
Ongoing medical care
Emotional trauma
Punitive damages
Economic damages
Phoenix Distracted Driving Accident Statistics
According to the Arizona Department of Transportation, distracted driving is a significant problem in Phoenix. In 2020, there were over 10,000 distracted driving accidents in Phoenix, resulting in over 5,000 injuries and 100 fatalities. The most common causes of distracted driving accidents in Phoenix include cell phone use, passenger distractions, and eating and drinking while driving. If you or a loved one has been injured in a distracted driving accident in Phoenix, it’s essential to seek the help of an experienced car accident lawyer. Understanding the types of damages that can be recovered in a Phoenix car accident case is crucial for victims seeking compensation.
Distracted Driving Accidents in Phoenix: What You Need to Know About Your Legal Rights
Has a distracted driver turned your daily commute into a nightmare? Distracted driving accident victims often face significant challenges in recovering compensation for their injuries and damages. If you’re dealing with injuries or vehicle damage because someone couldn’t resist checking their phone behind the wheel, you’re not alone - and you have options. Driving accident lawyers play a crucial role in advocating for victims and ensuring they receive the compensation they deserve. Here’s what Phoenix residents need to know about their rights after a distracted driving accident.
Rule of thumb: anything not necessary to safe operation of the vehicle can be considered a distraction.
Yes, Texting. But Other Distractions Too
Think distracted driving is just about texting? Think again. Today’s drivers face an array of attention-grabbing temptations:
Punching addresses into GPS apps
Setting up your playlist
Taking calls, even on speakerphone!
Looking at notification that are not related to driving
Many people have misconceptions about what is considered distracted driving. While you might not be pulled over for having call on speakerphone or shuffling through songs, these activities can be the basis for an insurance company to deny your claim. From the other perspective, if you can prove the other driver in an accident wasn’t paying attention to the road, it will strengthen your case for recovery. Here’s a good rule of thumb in case you are unsure: is the activity necessary to operating your vehicle safely? If the answer is no, then it can potentially qualify as a distraction.
Distractions typically fall into three categories:
Visual: Are your eyes on the road in the direction your vehicle is traveling (forward, reverse, switching lanes, and turning)
Manual: Are your hands firmly on the wheel? Or are you desperately reaching for your phone that’s slipped between the middle console and your seat.
Cognitive: Where’s your head at? Focused on driving, or off in a day dream about how you’re going to tell off your boss when you hit the lottery?
Understanding the types of distractions can help in filing car accident claims and proving negligence in such cases.
Proving That Distraction Was A Contributing Factor To An Accident
Here’s where it gets interesting. Getting concrete proof that either you or another driver was distracted is pretty difficult. By their nature, most distractions are temporary and not clearly documented. This might help you if you were the one distracted, but frustrating if you know the other driver was distracted but can’t prove it. This is where the ability to find and preserve evidence is crucial.
Gathering concrete proof is essential for a successful car accident claim, as it can significantly impact the outcome of the case.
Did the other driver have a dash cam? While the dashcam isn’t focused on the driver, the audio might pick up conversations in the car - including those that are happening through the driver’s cell phone. Another source of evidence are phone records themselves - getting records for call and text logs from a driver’s phone might show they were engaged with their device near the time of the accident.
After an accident, gathering evidence is crucial. Some items are relatively easy to obtain and can help you to build your case early. These include:
Photos and videos from the scene
Witness and driver statements
Medical records
Police reports
Professional legal teams can access evidence you can’t get on your own, like:
Cell phone records
Traffic camera footage
Expert witness testimony
Accident reconstruction analysis
Arizona Law: What You Should Know
Arizona takes distracted driving seriously. The law expects drivers to maintain focus on the road, and those who don’t can be held accountable. But here’s something many people don’t realize: even if you were partially at fault, you may still be entitled to compensation under Arizona’s shared fault rules.
Hiring a specialized Phoenix car accident lawyer can help navigate the complexities of Arizona’s shared fault rules and ensure fair compensation.
Experienced driving accident attorneys can help navigate the complexities of Arizona’s shared fault rules and ensure you receive fair compensation.
Liability and Fault in Distracted Driving Accidents
In Arizona, liability for distracted driving accidents hinges on the principle of negligence. To establish fault, the plaintiff must demonstrate that the defendant’s negligent actions, such as texting or talking on the phone while driving, directly led to the accident. This involves proving that the distracted driver failed to exercise reasonable care, resulting in the collision.
Arizona’s comparative negligence system allows for the plaintiff’s damages to be reduced if they are found partially at fault for the accident. However, even if the plaintiff shares some responsibility, they can still recover damages as long as the defendant is more than 50% at fault. This system ensures that victims of distracted driving accidents can seek compensation even in complex scenarios where multiple parties may share blame.
Liability in distracted driving accidents can extend beyond the driver. For instance, if a vehicle’s infotainment system or other features contributed to the distraction, the manufacturer might be held accountable. Similarly, if the distracted driver was performing job-related duties at the time of the accident, their employer could also be liable. Understanding these nuances is crucial for building a strong case and ensuring all responsible parties are held accountable.
How a Distracted Driving Accident Attorney Can Help You
If you or a loved one has been injured in a distracted driving accident, enlisting the help of an experienced car accident attorney is essential. A skilled attorney can guide you through the complex process of filing a car accident claim and ensure you receive the compensation you deserve.
A distracted driving accident attorney can assist you in several critical ways:
Investigating the Accident: A thorough investigation is vital to determine liability and gather evidence. Your attorney can collaborate with experts to reconstruct the accident scene, review cell phone records, and interview witnesses to build a compelling case.
Gathering Evidence: Collecting robust evidence is key to supporting your claim. Your attorney can help obtain medical records, police reports, and witness statements, all of which are crucial for proving negligence and the extent of your injuries.
Negotiating with Insurance Companies: Insurance companies often aim to minimize payouts or deny claims. A skilled attorney can negotiate on your behalf, ensuring you receive a fair settlement that covers your medical expenses, lost wages, and other damages.
Representing You in Court: If a fair settlement cannot be reached, your attorney can represent you in court, advocating for your rights and striving to secure the compensation you deserve.
By hiring a distracted driving accident attorney, you can focus on your recovery while knowing that your legal rights are protected. An experienced attorney will work tirelessly to ensure you receive the compensation needed to cover your injuries and losses, providing peace of mind during a challenging time.
Recovery Should Be Your Priority
While dealing with building your case might feel like a full-time job, your focus should be on healing. Injuries from distracted driving accidents can range from whiplash to life-changing trauma, and you shouldn’t have to worry about fighting insurance companies while you’re recovering. Recovering from a distracted driving accident often involves significant medical expenses. With an attorney experienced in car accident cases on your side, you can rest assured your insurance claim is in good hands.
Call Today For A Free Consultation
Want to learn more about your rights after a distracted driving accident in Phoenix? Personal injury attorney Todd Lenczycki at Sun Law AZ will answer your questions and help protect your interests. Call (480) 264-0045 for a free initial consultation and take the first step toward getting the compensation you deserve.
FAQ for Distracted Driving Accidents
Q: What is the maximum compensation I can receive for my injuries?
A: Your free initial consultation will include an estimate of what your personal injury attorney will seek to recover. Often items insurance companies will try to limit what you can recover. While no estimate is perfect, you will have a better idea of the strength of your case and possible financial compensation.
Q: What is the legal process for recovery?
A: In your free consultation, your car accident lawyer will explain the basics of a personal injury law case, the claims process with insurance companies, and how to handle any existing medical bills or other expenses you are facing.
Q: What if I was at fault?
A: Arizona is a pure comparative negligence state. This mean you can recover, even if you admit fault or are found responsible in part for the motor vehicle accident. What is important is proving fault of the other parties involved, so there is a basis for your recovery.
Q: What will hiring a law firm cost?
A: Sun Law AZ law firm will take your case at no expense to you. We work entirely on a contingency fee basis, so we don't make money unless we win your case or get you a settlement you are satisfied with.
