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Distracted Driving Accident Lawyer

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Award Winning Chicago personal injury lawyer

Jonathan Rosenfeld - J.D

November 28, 2024

  • Over $450 Million worth of case results
  • Awarded The Best Lawyer in 2024 by U.S. News

Distracted driving has become a serious threat as people indulge in activities like texting on their cell phones only to cause catastrophic accidents. It’s fair for distracted drivers to be held accountable for their negligent actions, which result in injury or death to innocent victims and their families. 

Winning an accident claim against the driver is a complicated process. Rosenfeld Injury Lawyers can provide you with the in-depth expertise needed to handle these cases.

The Scope and Impact of Hiring a Distracted Driving Accident Attorney

You must establish the accident happened because of the distracted driver’s negligence. While it might be tempting to go about the process alone, hiring a distracted driving attorney delivers real impact as it prevents you from leaving any money on the table. 

The lost quality of life resulting from distracted driving crashes is estimated at $395 billion [1]. This underscores the significant financial implications these crashes have on victims’ lives. 

Timely legal intervention ensures you’re able to pursue compensation for not just the physical injuries the accident caused but also the loss of quality of life and emotional trauma the accident caused.

How Common Are Distracted Driving Accidents?

The most recent research from the National Highway Traffic Safety Administration provides data from 2021, highlighting the prevalence of distracted driving crashes. [1] It contains some particularly noteworthy findings, such as:

  • The 15 to 20 year old demographic has the most drivers distracted at the time of the accident
  • 12% of all fatal crashes caused by distracted drivers involved cell phone use
  • 644 nonoccupants, including pedestrians and cyclists, were killed in distracted driving accidents
  • The estimated economic cost of distracted driving car crashes is $395 billion
  • 3,522 people were killed in distracted driving accidents
  • The percentage of injured people in distraction-caused accidents remains constant

Common Causes of Distracted Driving Car Accidents

  • Texting or Calling: Drivers must take their eyes off the road when texting or using their cell phones, which prevents them from safely operating the vehicle. 
  • Eating or Drinking: Consuming food or beverages requires the driver to take their hands off the wheel, making driving difficult.
  • Adjusting Controls: Another common cause is adjusting the navigation system, temperature, or other car controls without paying attention to the road ahead.
  • Searching for Objects: Whether it’s a cell phone buried under the seat or an impossible-to-find wallet, looking for objects while driving is a bad idea.
  • Being Distracted by Passengers: Distracting behavior from other passengers in the car, such as extremely loud arguments or fights, may limit the driver’s ability to safely operate the motor vehicle.

Common Distracted Driving Behaviors

According to the National Highway Traffic Safety Administration, distracted driving is “any activity that diverts attention from driving.” This includes using your cell phone, talking to others in the vehicle, eating, or using a GPS device. [2]

The AAA Foundation for Traffic Safety further categorizes it into the following three types: [3]

  1. Manual Distractions – The driver’s hands are off the steering wheel in manual distractions such as eating behind the wheel or operating an electronic device.
  2. Visual Distractions – These are distractions that take the driver’s eyes off the road, such as searching for a cell phone under the seat or turning to look at a passenger in the back seat.
  3. Cognitive Distractions – This is when the driver’s attention is diverted from safely operating the vehicle. Cognitive distractions include texting behind the wheel, interacting with other passengers, and adjusting in-car controls.

Common Injuries Sustained in Distracted Driver Accidents

  • Traumatic Brain Injuries
  • Cuts and Lacerations
  • Spinal Cord Damage
  • Neck and Back Damage
  • Fractures

There are legal complexities unique to these car accident cases. They must be properly addressed so you can obtain compensation. Working with an experienced personal injury attorney provides you with the peace of mind that your compensation claim won’t fail due to legal technicalities you’re not familiar with.

Proving the driver who hit you was distracted can be challenging. You’ll have to show the at fault driver didn’t meet a reasonable standard of legal responsibility another person would have in a similar situation, such as not being on their phone. This is why quality evidence is so important when pursuing these cases. 

Strong evidence can help you establish the distracted driver’s negligence and receive compensation. For example, eyewitness accounts might confirm people saw the other driver on their phone when the accident happened. The driver’s cell phone records can show they were using their handheld electronic device at the time of the accident. 

The police report can also be useful, as the police officer responding to the call may have found evidence or received statements from other witnesses supporting your claim about the driver’s distraction. These facts are typically mentioned in police reports.

What you do immediately after the accident directly influences your legal position. Some of the important things you should be mindful of as you navigate the aftermath of an accident include:

  • Never Believe Promises: The other driver might make hollow promises of reimbursing your damages or making things right. Never try to strike a deal with them. Always opt for the legal route by filing a formal insurance claim through a personal injury attorney.
  • Report the Accident: Call 911 to report the auto accident so law enforcement and emergency medical attention can be sent to the scene. The car accident and injury reports will serve as vital evidence later.
  • Gather Evidence: Do your best to gather any evidence you can, such as photos and videos of the car accident scene, your injuries, and property damage. Speak to any eyewitnesses and ask if they would be willing to provide a statement for the police report.
  • Never Admit Fault: Whatever you do, never admit you’re at fault for the accident. The other driver’s insurance company will use this as a way to get out of paying you the compensation you deserve.

Both your own insurance company and that of the other driver may offer a much lower settlement than you deserve. They may try to get you to accept some degree of fault or present the facts in a way that makes it seem your compensation options are limited.

You need to go back and forth with insurance companies on the settlement amount, stressing upon them the clear evidence showing negligence of the other driver, evidence that’ll get you a considerable settlement at trial. 

When you’re represented by a distracted driving accident lawyer during these negotiations, the insurance company understands their strategies won’t work, and you’re willing to take the case to trial. 

Even if you’ve received what seems like a good offer, it’s best to discuss it with an experienced accident lawyer first to ensure you’re not getting a dollar less than what you truly deserve.

The statute of limitations, which varies by state, allows you to file a distracted driving claim after an accident. In most cases, the statute of limitations for filing a personal injury lawsuit is two years.

If your claim isn’t filed within this time limit, you may not be able to recover any compensation, even if you were eligible for a significant sum. This deadline starts on the day of your accident, so there’s not much time to lose before it runs out.

You’re entitled to recover compensation for both economic and non-economic losses. The former includes your medical and other expenses, physical therapy, hospital bills, property damage, lost wages, ongoing medication, and more. 

You can be compensated for non-economic losses such as pain and suffering, emotional trauma, and loss of income potential. Family members of a deceased victim can file a wrongful death claim.

The legal options you can pursue after a distracted driving accident vary by state. Some have shorter or longer statutes of limitations, while others may not have made certain activities like texting behind the wheel illegal. 

States also differ on how fault is assigned in these cases, if comparative fault needs to be established, and whether you need to make a claim with your or the other driver’s insurance.

Retaining the right lawyer for your distracted driver accident case is crucial to ensuring success. They must have a proven track record of winning similar cases, thus giving you confidence they’ll put their experience to good use for you. 

The distracted driving accident lawyer you choose should have in-depth knowledge of the laws applicable to these cases, as it enables them to develop effective legal strategies to win maximum compensation.

Look for hard negotiators who will beat the insurance company at its own game to get you a bigger settlement. Trial experience is also a quality you should look for in a distracted driving accident lawyer. You want them to have the ability to passionately argue your case and win a jury verdict at trial if there’s no settlement.

Our Expertise in Accidents Involving Distracted Drivers

For over two decades, the attorneys at Rosenfeld Injury Lawyers have safeguarded the rights of injured clients and won millions of dollars in settlements for them in distracted driving accident cases, helping them heal and recover. 

Our firm has built a solid reputation for being tough negotiators and excellent trial lawyers who leave no stone unturned to secure justice for their clients. 

Unlike other firms, we don’t treat you like just another case number. We understand clients need excellent legal representation, compassion, and empathy as they navigate the recovery process. We’ll be with you every step of the way as our firm recovers every single dollar in damages you’re entitled to.

The Cost of Securing Our Services

Our law firm’s mission is to provide expert legal representation to all clients, regardless of their financial status. When you trust us with your distracted accident case, we won’t charge you anything upfront. We’ll handle your case on a contingency fee basis, meaning we don’t get paid unless you get paid. 

Only once you have a confirmed settlement do we receive a fee, taken as a percentage of your settlement offer. 

Getting Started With Your Case

Jonathan Rosenfeld, Chicago Personal Injury Lawyer

At Rosenfeld Injury Lawyers, we offer all clients a no-obligation, free consultation. Your distracted driving accident lawyer will look at the case and guide you on the next steps and how much you may win in damages. We’ll then gather the available evidence, conduct a thorough investigation, and begin negotiations with the insurance provider. If a settlement can’t be reached, we’ll take the case to trial to help you win a favorable jury verdict.

Our lawyers are standing by to provide you with personalized legal representation for your distracted car accident lawsuit. Give us a call at (888) 424-5757. Based on our commitment to extend no-win, no-fee support to victims, get a free consultation and expert legal representation for your personal injury claim.

Specific Cases We Handle

Resources: [1] NHTSA, [2] NHTSA, [3] AAA

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I understand that submitting this form does not create an attorney-client relationship. I also understand that Rosenfeld Injury Lawyers LLC works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Rosenfeld Injury Lawyers LLC on these lawsuits.

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Consulting an experienced attorney is a critical first step in understanding your legal options. During a free consultation, we will examine the unique details of your case, explain the possible paths forward, and answer any questions you may have. Our skilled lawyers will provide you with personalized advice tailored to your needs, helping you understand your rights and explore the options available to pursue fair compensation.

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Client reviews

“Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.”

Michonne Proulx

“Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.”

Ethan Armstrong

“Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.”

Giulia

“This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.”

– Daniel Kaim

“Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother’s death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.”

Lisa