You never know what will happen when you get behind the wheel. Even if you’re a reasonably safe driver, you can’t account for what others do while on the road. Anyone can be driving a car that is not well maintained or even driving while talking on the phone or texting. And if an accident occurs as a result, then you shouldn’t have to foot the bill for your car damages and medical expenses.
If you fall victim to a car accident that’s caused by the negligence of another driver, then reach out to Warnock MacKinlay Law to discuss the details for your case. With a professional car accident lawyer on your side, you can file a lawsuit against the other driver and increase your chances of receiving compensation for your:
- Car damage & repairs
- Personal injuries
- Wrongful death (for cases involving fatal car accidents)
- Loss wages (if you are unable to return to work immediately after the accident)
- Loss of earning potential (if you are unable to return to your previous line of work permanently)
What are common causes of car accidents?
While numerous updates and advances have been made to modern vehicles in order to ensure cars are as safe as possible when they leave the manufacturer, car accidents still happen every day. From being distracted while behind the wheel to driving with little-to-no sleep, there are a number of scenarios in which the negligence or errors of another driver could cause a dangerous collision, resulting in property damage, personal injuries, or even a wrongful death. The most common causes of car accidents include:
Driving while Distracted
Distracted driving is a very broad category because it could encompass a number of scenarios. If someone behind the wheel is not paying attention to the road at any point, they could be considered distracted. While something as simple as changing the station on your radio is unlikely to cause a car wreck, there are situations in which a driver takes their eyes or their mind off the road for a prolonged period of time, therefore increasing the danger for everyone else driving alongside them.
Distracted driving can include any of the following:
- Talking on the Phone or Texting while Driving
- Taking Photos while Driving
- Applying Makeup while Driving
- Eating a Large Meal while Driving
Most states have laws or common road safety rules that discourage distracted driving. Unfortunately, this does not dissuade some drivers from taking their eyes off the road to send a text or pick up the phone.And since they’re distracted while they’re driving, they could miss important light changes, stop signs, or changes in road conditions that could cause a collision. If you’ve been in a wreck and you suspect that the other driver was texting while driving or driving while distracted, then reach out to a car accident lawyer as soon as possible. During your consultation, your lawyer can tell you if they believe you’re entitled to compensation for your losses and help you take the first step to filing your car accident lawsuit.
Who can be considered liable for my car accident?
Even if the other driver was texting in the moments leading up to your car wreck, this doesn’t automatically mean that they can be found liable for the accident or that they are solely liable for the accident. Who you should sue and request compensation from depends largely on the circumstances surrounding your case.
If the other driver was texting while driving and missed a stop light that resulted in a serious collision with your vehicle, then you could file a lawsuit against them for their negligence since they were at fault.
However, if either driver foresaw that they were about to crash into another car and one of their brakes failed at the time, then the case becomes a bit more complicated. If you recently got new brakes at a car repair shop, but something was installed improperly, then you may be able to include that repair business in your lawsuit since their error played a part in your accident.
If your particular car model left the manufacturing floor with a severe brake or airbag issue, then they, too, could be included in the lawsuit and considered partially liable for the accident.
The best way for you to know who should be considered liable for your personal injuries following a car collision is to reach out to a seasoned car accident attorney for a consultation. No two cases are the same, so an open consultation will provide your lawyer with the information they need to determine the best decision for your car accident lawsuit.
Can I file a lawsuit for someone texting while driving?
With all car accident claims, in order to successfully be awarded damages, you’ll need to provide the court with evidence that shows the other driver’s negligence is what caused your accident. This can be especially complicated to prove if the reason why the other driver was distracted was that he or she was texting while driving. Using their professional resources, your lawyer will thoroughly investigate your case, interview witnesses, and gather any surveillance evidence that could show the other driver was distracted while behind the wheel and this is what led to your accident.
Consult with Warnock MacKinlay Law for Your Distracted Driving Car Accident Lawsuit
The moments after a serious car accident can be disorienting. In addition to the damage to your car, you may also be facing serious personal injuries and the threat of not being able to pay your bills if you have to miss several days of work while you recover. The silver lining is, you don’t have to face these new trials alone. With help from a knowledgeable legal representative with experience in car accident lawsuits, you’ll receive the guidance you need to seek justice and full compensation for your damages and injuries. Let Warnock MacKinlay Law help you hold the negligent driver or car manufacturer responsible for their actions in a court of law.