Countless studies and data show the dangers that come with driving distracted. All motorists must keep others who share the rose safe by exercising safe driving practices. When a distracted driving accident causes your injuries, the liable party should pay.
While you figure out how you are going to continue providing for your family and cope with the physical devastation of your injuries, your experienced Oakville personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC can work on pursuing your legal case against the distracted driver and other liable parties. Contact our office for a free consultation to determine what to expect from your lawsuit and insurance claims.
Steps to Take After a Distracted Driving Accident in Oakville
After a collision with a distracted driver, you may need clarification about what to do next. First, always be sure to contact emergency responders by calling 911. Even if your accident initially seems minor, you may be required to report your car accident to the police in cases of property damage or serious injuries.
Furthermore, police can identify liability and provide valuable evidence that can be used to prove liability for the accident. Once emergency responders arrive at the accident scene, you must obtain a medical evaluation.
Again, your injuries may initially seem minor. However, these injuries could worsen if left untreated. Getting evaluated medically from the start creates a trail of evidence that your distracted driving accident lawyer in Oakville, TN, will use to support your case.
Do what you can to obtain evidence of the accident scene while you wait for law enforcement and emergency responders to arrive. As soon as you have an opportunity, contact a distracted driving accident attorney for help. The sooner we get started, the stronger your case will be.
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What to Expect from Your Distracted Driving Accident Case
Many people have never been involved in a collision before. When a distracted driver has struck you, you may be worried about the claims process and whether your injuries are too severe to pursue your case.
However, your distracted driving accident attorney in Oakville, TN, will handle everything on your behalf. All you need to do is attend your regularly scheduled physician appointments, start rebuilding your life, and we will take on the rest. Although every person’s case is different, here is a general idea of how the distracted driving accident claims process works:
- Your lawyer at GKBM investigates liability and gathers evidence to support your case
- Next, we go over your damages to accurately calculate the value of your distracted driving accident claim
- We determine whether you have a chance to file an insurance claim and negotiate with insurers
- If the distracted driver does not have insurance or lacks sufficient coverage, our team will be ready to bring your claim before a judge in court
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How to Prove Distracted Driving
The only way to win your distracted driving accident claim is to prove the defendant’s negligence and liability. Fortunately, there should be evidence that the driver who hit you was distracted at the time of the accident.
Your lawyer may file a subpoena requesting the defendant’s cell phone records. If, after reviewing these records, it is clear the defendant was sending a text message or otherwise using their cell phone in the seconds before the accident, this may be concrete evidence of their negligence and fault. Other types of evidence that can prove distracted driving include:
- Video footage from intersection cameras
- Dashcam footage
- Witness statements
- Accident reconstructionist reports
- Police and crash reports
- Black box data
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How Insurance Claims Work After a Distracted Driving Accident
To maximize the compensation you secure, you should always be prepared to file a claim with the insurance company. Although your Oakville distracted driving accident attorney will negotiate with the insurance company for you, it is essential to understand how these claims work.
Tennessee follows fault insurance laws. When a distracted driver hits you, you will file a claim with their insurance provider. Unfortunately, it is unlikely this insurance claim will cover the entirety of your damages.
This is because insurance claims are designed to cover specific types of losses. For instance, Property damage liability coverage covers vehicle repair costs and replacement fees. Bodily injury liability coverage is supposed to cover your medical bills.
However, the insurer only pays out up to the max of the policyholder’s claim. If the policyholder only purchased $50,000 for bodily injury protection, and your medical bills exceed this limit, you will have remaining damages after your insurance settlement.
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Types of Damages You Could Recover
To find out how much your claim is worth, discuss your damages with your distracted driving accident lawyer at length. There are several types of damages you could recover, including:
Compensatory damages describe the losses you are entitled to. They can include how your life has been affected by the distracted driving accident and the financial losses you sustained.
Examples of compensatory damages could include:
- The income you lost from taking time off work
- The cost of replacing or repairing your vehicle
- Embarrassment from skin scarring and disfigurement
- Your loss of employee benefits, including your health insurance coverage
- Diminished earning capacity, including the potential for salary increases and bonuses
- Fear, shame, shock, inconvenience, indignity, anticipation, and apprehension
- Current and future healthcare costs and medical equipment
Exemplary damages are also called punitive damages. Although awarded infrequently, punitive damages could significantly increase your settlement. However, please do not rely on punitive damages awarded at the court’s discretion.
Courts will only award punitive damages when they consider the defendant’s conduct reprehensible, despicable, or grossly negligent.
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Call a Distracted Driving Accident Lawyer in Oakville for Help Today
There is no reason you should have to absorb the impact of someone else’s negligence on your own. You should not be forced to deal with any of the consequences of another party’s recklessness.
Thankfully, when you get help from an experienced Oakville distracted driving accident lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC, you can fight to recover your damages in full. Learn more about the value of your claim and how we will maximize the compensation you win when you fill out our convenient contact form or call us to schedule your free, no-obligation consultation today.