Distracted driving accidents continue to be a significant problem across Millington and Tennessee. Although there are laws in place meant to reduce instances of distracted driving, these accidents still occur, often producing life-threatening and debilitating injuries.
If you are feeling overwhelmed at the thought of pursuing your legal case, you are not alone. When you have a knowledgeable Millington personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC working for you, you can rely on our team to build a compelling case against the liable party so you can maximize the compensation you win.
Types of Distracted Driving
You might be surprised to learn that distracted driving can take multiple forms. Your distracted driving accident lawyer in Millington, TN, will review the evidence in your case to determine whether any of the following types of distracted driving played a part in causing your car accident:
Visual distractions include distractions that take your eyes off the roadways. Examples could include:
- Looking at passengers.
- Focusing on a car accident.
- Staring at brightly-lit billboards on the side of the highway.
Manuel distractions require you to take your hands off your steering wheel. This may include fiddling with the navigation system, using your cell phone to play music, or reaching for a sip of your iced coffee. Manual distractions are known for slowing drivers’ reactions to unexpected obstacles.
Cognitive distractions include distractions that take your mind off the road and your driving responsibilities. If you are driving mindlessly and daydreaming, you may need to pay more attention to the road in front of you. Other cognitive distractions could include:
- Singing along to the radio
- Thinking about an important work presentation
- Arguing with a passenger
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How to Prove Negligence and Fault After a Distracted Driving Accident in Millington
Your distracted driving accident attorney in Millington, TN, must prove negligence and liability to win your claim. The burden of proof in distracted driving accident claims is based on a preponderance of the evidence. This makes it particularly important to obtain valuable evidence to prove the defendant’s negligence.
Negligence is a complex matter, and your attorney must show the elements of negligence are met in your case. These include:
- The distracted driver owed you a duty of care
- The distracted driver breached their duty of care
- Distracted driving was the cause of your injuries and damages
- You suffered considerable damages and injuries due to the distracted driver’s breach of their duty of care
To win, some examples of the evidence we might introduce to support your case include:
- Dashcam footage of the accident
- Witness statements
- Copies of the distracted driver’s cell phone records
- Vehicle black box data
- Photos of the accident scene
- Crash and police reports
- Reports from accident reconstructionists
- Safety inspection reports
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How to Get the Most Out of Your Millington Distracted Driving Accident Claim
If you hope to maximize the compensation you win in your personal injury lawsuit, your Millington distracted driving accident attorney needs to carefully review the details of your case to determine how to approach your claim.
There are multiple ways you can win compensation after a distracted driving accident. This could include filing a claim with the insurance company or bringing your case to court.
How Insurance Claims Work in TN
When you are involved in a collision with a distracted driver, the distracted driver will be required to compensate you for your damages. You can file a claim with their insurance company against their insurance policy under Tennessee fault insurance laws.
However, dealing with the insurance company will take a lot of work. Insurance companies lose money when they settle claims, so you can expect them to pick your claim apart to find reasons to deny your claim or reduce your settlement. Fortunately, when you have your distracted driving accident lawyer working on your case, the insurance company will get away with it.
More About Insurance Settlements
Insurance settlements only cover specific types of damages. Bodily injury liability coverage, for example, will cover your medical bills. However, they may not cover your medical bills in full.
The insurance company only needs to compensate you up to the highest limits of the policyholder’s policy. If your damages exceed these limits, you will need to seek alternative options for financial relief.
Civil Distracted Driving Accident Lawsuits
Another way to recover damages after an accident with a distracted driver is by bringing your case to trial. Thankfully, when you bring your case to court, you are not limited in how the same way you are through an insurance claim.
You should be made whole. This means the distracted driver or other liable parties must repay you for every loss the insurance company does not cover.
How Much Your Distracted Driving Accident Claim Is Worth
To find out how much your distracted driving accident claim is worth, your lawyer will go over how you are affected by the injuries you sustained and the trauma of the accident. Examples of the economic damages in non-economic damages you could recover include:
- Property damages
- Lost income and future earnings
- Healthcare costs
- Vehicle repairs
- Emotional distress
- Loss of consortium
- Reduced quality of life
- Skin scarring and disfigurement
- Punitive damages
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Speak with a Distracted Driving Accident Lawyer in Millington for Help Today
Your distracted driving accident injuries may permanently alter the course of your life. The distractor driver who caused your accident should compensate you for these losses and ensure you have access to the funds you will need to handle any future implications of your distracted driving accident injuries.
You can get help recovering total compensation for your suffering when you contact a dedicated Millington distracted driving accident lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC for a free, no-obligation consultation. Get started on your case today by completing our online contact form for calling our office.