If you or a loved one have been involved in an accident caused by a distracted driver, you understand the devastating consequences that can result from this type of negligence. Recovering from injuries, dealing with property damage, and navigating insurance claims can be overwhelming. A skilled and experienced Albuquerque distracted driver accidents lawyer can help you protect your rights and pursue the compensation you deserve. Call (505) 207-4401 or send us a message online to arrange a free consultation.
Why You Need an Albuquerque Distracted Driving Accident Lawyer
When you have been involved in a car accident caused by a distracted driver, hiring an attorney can provide several significant benefits:
Legal Expertise and Experience
A skilled distracted driving accident lawyer has in-depth knowledge and experience in handling these complex cases. They understand the relevant laws, statutes of limitations, and legal procedures, allowing them to navigate the legal system effectively on your behalf.
Investigation and Gathering Evidence
A distracted driving accident lawyer has the resources to conduct a thorough investigation and collect crucial evidence. For example, gather accident reports, witness statements, surveillance footage, phone records, and expert opinions to build a strong case on your behalf.
They can hold the distracted driver accountable for their negligence and also determine if other parties, such as employers or vehicle manufacturers, share liability.
Studies show that plaintiffs (injury victims) who hire an attorney receive three and a half times more compensation than those who represent themselves, even after attorney fees.
Dealing with Insurance Companies
Insurance companies often try to minimize payouts or deny claims altogether. Having a distracted driving accident lawyer by your side can offer protection since they will handle all communication and negotiations with the insurance company on your behalf.
Representation in Court
A distracted driving accident lawyer will be prepared to take your case to court if a fair settlement cannot be reached through negotiation. They will provide skilled representation with their trial experience and advocate for your rights before a judge and jury.
Peace of Mind
Going through a distracted driving accident can be emotionally and physically taxing. A lawyer will guide you through the legal process, provide support, and alleviate the stress associated with pursuing a claim.
How Do You Prove a Distracted Driver Caused an Accident?
Proving that a distracted driver is responsible for an accident requires gathering evidence that demonstrates their negligence or inattention while driving. For example, if a Here are several ways to establish liability in Albuquerque:
Eyewitness Testimony: Statements from individuals who saw the driver texting, talking on the phone, eating, or engaging in other distracting behaviors can help establish the driver’s negligence by violating New Mexico’s distracted driving laws.
Police Report: The official police report can carry a lot of weight in an insurance company’s decision on fault. It will often include details about the accident, statements from involved parties, and any citations issued to the driver. If the police report indicates that the driver was distracted or engaged in activities that contributed to the accident, it can serve as compelling evidence.
Cell Phone Records: Records indicating incoming or outgoing calls, text messages, or internet usage can support your claim.
Video Evidence: Video footage from traffic cameras, surveillance cameras, or dashcams can provide objective evidence of the driver’s actions leading up to the accident.
Accident Reconstruction: In complex cases, accident reconstruction experts can analyze the physical evidence, skid marks, vehicle damage, and other factors to recreate the accident and determine the driver’s actions. Their expert testimony can help establish that the at-fault driver was distracted.
Driver Statements: If the distracted driver admits to being distracted or engaging in activities that diverted their attention from the road, their own statements can be used as evidence against them. This could include statements made at the scene of the accident or in subsequent conversations.
Expert Witnesses: Expert witnesses, such as forensic psychologists or human factors experts, can provide professional opinions regarding the driver’s distraction and its impact on their ability to operate a vehicle safely.
Types of Compensation Available
The following are common types of compensation available in an Albuquerque distracted driving accident case:
This includes compensation for past, current, and future medical expenses related to the accident. It covers costs such as hospitalization, surgeries, medications, rehabilitation, therapy, assistive devices, and any other necessary medical treatments.
If the accident resulted in you being unable to work, you may be entitled to compensation for lost wages. This includes the income lost while recovering and any future earning capacity you may have lost due to long-term injuries or disabilities.
Pain and Suffering
Compensation for the physical pain, emotional distress, mental anguish, and diminished quality of life caused by your injuries.
Compensation for your vehicle’s repair or replacement and any personal items damaged in the crash.
Loss of Consortium
This type of compensation is awarded to a spouse or partner for the loss of companionship, support, and services resulting from the accident.
Wrongful Death Damages
In cases where a distracted driving accident leads to a fatality, the victim’s surviving family members may be eligible to seek compensation through an Albuquerque wrongful death claim. This can cover funeral expenses, loss of financial support, loss of companionship, and other related damages.
In some cases, if the distracted driver’s actions were particularly reckless or intentional, the court may award punitive damages. These are additional damages meant to punish the at-fault party and deter similar behavior in the future.
Contact Davis Kelin Law Firm Today
If you have been injured in a distracted driving accident or have lost a loved one due to someone else’s negligence, do not hesitate to reach out to our skilled Albuquerque car accident lawyers at Davis Kelin Law Firm. We offer free consultations; call (505) 207-4401 or message us online today.
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