If you have received an injury due to the negligent actions of a distracted driver, you have the right to claim compensation for your losses. When someone else caused your injuries, you shouldn’t have to bear the financial burden of your accident-related medical bills and other expenses.
The experienced Indianapolis car accident attorneys of Hankey Marks & Crider are committed to fighting for the rights of injured Hoosiers. We will investigate the cause of the accident, determine who was at fault, and negotiate for the fair compensation you deserve.
Call us today at (317) 634-8565 or contact us online for a free consultation to learn more about your legal options.
What Is Distracted Driving?
Every time someone gets behind the wheel, they take on a tremendous responsibility. When they allow distractions to take their attention away from the road, they put everybody’s safety in danger. According to data from the National Highway Traffic Safety Administration (NHTSA), distracted driving claims an average of nine lives and causes dozens of serious injuries every day.
Distracted driving refers to the act of operating a motor vehicle while engaging in any activity that diverts eyes, hands, or attention away from the road.
Distracted driving takes three main forms:
- Visual distraction – Most of the information an individual responds to while driving arrives through their eyes. As such, a driver needs to keep their eyes on the road to look out for the actions of other road users, potential obstacles, and changes in traffic or road conditions. Visual distractions are anything that takes the driver’s eyes off the road. Examples include looking at a text message, reading a GPS screen, or rubbernecking.
- Manual distraction – A driver should always keep both hands on the steering wheel unless changing gears on a manual transmission vehicle. A manual distraction is any action that engages the driver’s hands in another activity. Examples include reaching for items in the back seat, applying makeup, or adjusting the radio.
- Cognitive distraction – Many seasoned drivers forget that operating a vehicle requires a high level of mental focus. Cognitive distractions occur when a driver’s mind wanders away from the task of driving. Examples include daydreaming, talking on a cell phone, or arguing with another vehicle occupant.
Although texting while driving is the most well-known type of driver distraction, any of the above distractions can lead to accidents that cause devastating injuries or deaths. The compassionate and skilled lawyers of Hankey Marks & Crider will help you hold the at-fault driver accountable for their negligence.
How Do I Prove the Other Driver Was Distracted When the Accident Happened?
Many people who suffer injuries in distracted driving accidents worry that they will not be able to succeed in their claim because they are unsure how to prove that the at-fault driver was distracted. The person who caused your injuries is unlikely to admit that they were distracted at the time of the accident. You will have to collect evidence that your injuries directly resulted from the other driver’s lack of attention on the road.
The experienced attorneys of Hankey Marks & Crider know how to gather the evidence you need to establish that the other driver was liable for your losses.
We can employ methods such as:
- Police report – Indiana law requires anyone involved in an accident that causes death, injury, or significant property damage to notify law enforcement authorities. When an officer responds to the crash, they will examine the scene and write a report. This accident report will include the police officer’s assessment of who was at fault for the collision. If you noticed that the other driver was driving while distracted, inform the responding officer so they can include this factor in their report.
- Cell phone records – The attorneys at Hankey Marks & Crider can subpoena the other driver’s phone records to determine whether they were texting or talking on their cell at the time of the accident. We can provide this as evidence to the insurance company or the court if necessary.
- Witness statements – If anyone was at the scene of the accident, our lawyers can request that they provide official witness statements about the other driver’s distracted state.
- Photographic or video evidence – Dashcams and surveillance cameras are increasingly common. We can use footage from these devices as clear evidence that the defendant’s distraction directly caused your accident-related injuries.
- Accident reconstruction professionals – Our attorneys have ongoing relationships with accident reconstructionists who can analyze the collision and demonstrate how distracted driving led to your losses.
What Kind of Compensation Can I Get for a Distracted Driving Accident?
Each car accident claim is unique, and your potential compensation will depend on the particular circumstances of your case. Depending on your losses, you may be able to file a claim for:
- Medical expenses
- Lost wages due to missed time at work
- Loss of future earning potential
- Property damage
- Transportation and accommodation if you need to travel for treatment
- Therapy costs
- Pain and suffering
- Loss of enjoyment of life
How Can an Indianapolis Distracted Driving Accident Attorney Help?
Life after an accident can feel incredibly overwhelming. Many people struggle to understand how they can recover the compensation they deserve while they are healing from their injuries. The experienced Indianapolis car accident attorneys of Hankey Marks & Crider believe that you should not have to face this situation on your own. We have the knowledge, experienced, and resources necessary to handle every aspect of your case, including:
- Investigating your accident
- Establishing that the other driver was distracted
- Negotiating with the insurance company for your full compensation
- Taking your case to court if necessary
We will work to protect your best interests every step of the way.
Contact the Experienced Indiana Car Accident Attorneys of Hankey Marks & Crider
If you have suffered injuries in a distracted driving accident that wasn’t your fault, you deserve compensation for your losses. Contact the experienced Indianapolis car accident attorneys of Hankey Marks & Crider today for a free consultation to learn more about how we can help you. We don’t charge any legal fees until we recover compensation on your behalf, so you have nothing to lose. Call us today at (317) 634-8565 or contact us online. We look forward to getting to work for you.