Distracted driving accidents occur every day — despite the fact that they are preventable. If you are injured due to a distracted driver, you should hold this individual responsible. By filing a personal injury lawsuit, you are well-equipped to do just that.
At Gatti, Keltner, Bienvenu & Montesi, we fight for victims of distracted driving car accidents in West Memphis. We encourage you to reach out to our car wreck lawyers. From here, we can review your case and help you pursue damages from the at-fault party.
How Distracted Driving Impacts Motorists and Pedestrians
The U.S. Centers for Disease Control and Prevention estimates about 3,000 people die in crashes involving distracted drivers every year. There are many distractions that can impact a driver’s ability to stay focused behind the wheel. These include:
- Smartphone: A driver can send a text message or chat on the phone, which diverts their attention from traveling safely.
- Navigation System: A driver can enter the location where they want to go into their GPS, but doing so while traveling can lead to an accident.
- Food: A driver can eat a snack while traveling but lose focus on what is most important: keeping their eyes on the road.
A distracted driver is a hazard to other motorists and pedestrians. If a distracted driver causes an accident, this individual can injure or kill others. As such, anyone who causes a distracted driving auto accident in West Memphis should be held responsible — or risks making the same mistake once again.
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When to File a Personal Injury Lawsuit Against a Distracted Driver
In West Memphis, you have at most three years from the date of a distracted driving car accident to sue an at-fault motorist. There is a three-year statute of limitations for personal injury claims in Arkansas. If you wait too long to seek damages, you lose the right to do so.
If you are involved in a distracted driving accident, get medical attention. As you undergo treatment for any injuries you incur, keep copies of your medical bills. In addition, contact a distracted driving accident attorney.
A distracted driving accident lawyer makes it easy to file a personal injury lawsuit in accordance with Arkansas’ statute of limitations. The attorney can give you insights into the types of damages you can request in your lawsuit. Plus, the lawyer can tell you about their case results to date — and what can be done to help you secure the most damages possible.
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Why It Is Crucial to Request the Maximum Amount of Damages in a Distracted Driving Accident Case
Your distracted driving accident injury costs can escalate quickly. Common costs associated with distracted driving accidents include:
- Medical Bills: You may be responsible for costs relating to hospitalizations, ambulance riders, and other medical expenses.
- Lost Wages: If your injury forces you to miss work, you cannot earn wages you need to pay for housing and other everyday expenses.
- Property Damage: If your car or other property is damaged in a distracted driving accident, you will need to pay the costs to repair or replace them.
A distracted driving car collision attorney in West Memphis will help you calculate your damages and determine how much compensation to request in your personal injury lawsuit. On top of that, the attorney will make sure you account for the short- and long-term costs associated with your injury. In doing so, the lawyer will put you in an excellent position to secure a fair settlement.
When You Should Expect a Settlement Offer in a Distracted Driving Accident Case
A distracted driver may have the cards stacked against them in a personal injury lawsuit. This individual may have concerns about the costs of hiring and retaining an auto accident attorney. You may have an abundance of evidence to support your request for damages, too.
If the defendant in your West Memphis distracted driving car crash case feels there is a strong chance of losing their case, this individual may propose a settlement. The defendant can make a settlement offer at any point leading up to your trial date. If you get a settlement proposal, you can:
- Accept the offer and close your case
- Decline the offer and continue to seek the most damages possible
- Counter the offer and let the defendant decide how to proceed with the litigation
Your distracted driving accident lawyer wants you to feel comfortable with a settlement. If a settlement is not exactly what you are looking for, you should reject it. When you do, your attorney will keep working hard on your behalf to strengthen your argument.
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What It Takes to Craft a Successful Argument in a Distracted Driving Accident Case
Your attorney will allocate the time, energy, and resources required to help you win or settle your case. To succeed, your lawyer will consider a variety of evidence, including:
- Photos from the accident scene that show the severity of the incident and your injury
- A police report that indicates what police officers saw when they arrived at the scene of your accident
- Medical bills and other evidence that highlights the financial impact of your accident and injury
Along with evidence, your West Memphis lawyer will consider testimony from witnesses who can explain what happened in your distracted driving car accident and the incident’s impact on your life. Witness testimony can make or break your argument. If you have a wide range of evidence that can support your request for damages, you may be able to compel a judge or jury to give you a favorable ruling.
Ultimately, a judge or jury considers all of the information your attorney provides over the course of your trial. As the judge or jury evaluates this information and any offered by the defendant’s lawyer, it considers a decision that serves the best interests of all parties involved in your case. In the best-case scenario, your attorney’s argument hits the mark, and a judge or jury awards you full damages.
Proceed With Your West Memphis Distracted Driving Car Accident Lawsuit Today
Gatti, Keltner, Bienvenu & Montesi is a leading choice for those in need of legal help following distracted driving car accidents in West Memphis. Our attorney can offer legal guidance as you move forward with your distracted driving accident case. To learn more or request a consultation, please get in touch with us today. At Gatti, Keltner, Bienvenu & Montesi, we understand the dangers of distracted driving and its impact on the lives of victims and their families. Clients turn to us for a distracted driving accident lawyer because our team is dedicated to holding reckless drivers accountable and fighting for the rights of accident victims. Contact us today.
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