Ohio Distracted Driving Accident Attorney
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Personal Injury Lawyers for Distracted Driving Accident Victims
In 2015, distracted drivers caused 10% of all fatal vehicle crashes in the United States. More than 3,000 people died and nearly 400,000 people were injured. In Ohio alone, distracted drivers caused nearly 14,000 in 2017.
As you can see by these numbers, distracted driving is a growing problem, especially due to the sheer number of things that can distract drivers inside their vehicles. Cell phones, food, and even other passengers can all contribute to accidents that can result in you and your loved ones being severely injured. If this is the case for you or a loved one, an Ohio distracted driving accident attorney from Joseph Law Group can help recover compensation for your injuries while you focus on healing.
The Cleveland motor vehicle accident lawyers at our distinguished law firm take a five-star approach in every case we take on. We can provide the legal support and counsel you need to recover from this overwhelming time in your life. For a free consultation regarding your case, call us today at (216) 522-1600.
What Constitutes Distracted Driving?
Cell phone use, eating and drinking, talking to other passengers, and other common distractions can result in injuries and even traffic fatalities. In fact, distracted driving can be just as dangerous as drunk driving.
The National Highway Traffic Safety Administration (NHTSA) found that drivers who text and drive are six times more likely to cause an accident than drunk drivers. This is due to the fact that texting and driving reduces your reaction time and takes your attention away from the road. Hundreds of thousands of people are injured every year by car accidents caused by distracted driving, but cell phones aren’t the only culprit.
Distracted Driving Examples
The three types of distracted driving are visual, manual, and cognitive distractions. Texting is an especially dangerous practice because it encompasses all three of these distractions.
Visual distractions are any actions that take your eyes away from the road. This can include looking at traffic accidents, other passengers, text messages, or a navigation system.
Manual distractions are distractions that take your hand off the wheel, including changing radio stations, texting, eating, and drinking.
Meanwhile, cognitive distractions are activities that take your mind away from driving. Talking on a hands-free device may seem like a safe option, but cognitive distractions can slow your reaction time and cause serious and catastrophic injuries.
Drivers have certain legal responsibilities. This includes paying attention to the road and following safe driving practices in order to avoid a potential collision. If someone else’s negligence resulted in your injuries, you have legal options.
Ohio Distracted Driving Laws
Under Ohio’s distracted driving law, persons under 18 years of age cannot use any kind of mobile phone while driving–even hands-free devices. Drivers older than 18 can be ticketed for using a cell phone if they also commit some other type of traffic violation. Under previous laws, police officers had to prove that the driver was reading, writing, or sending a text message with their cell phone while driving. Under the new law, police officers only have to witness or prove distraction; not necessarily that the distraction was texting on a cell phone. Many cities have their own municipal ordinances which can further allow for penalties to be enforced.
What To Do After a Distracted Driving Accident
If a distracted driver caused your car accident, there are certain steps you can take to protect your rights and help you get the best outcome in your case. This includes:
- Immediately following the accident, you should call the police and move your vehicle away from traffic.
- Seek medical attention immediately, even if you believe you weren’t injured. Adrenaline and shock from the accident can mask even a serious injury.
- Get the name, contact information, and insurance information of all other drivers involved in the wreck.
- Get the names and contact information of any witnesses who may have seen the accident.
- Take pictures of the accident scene and take notes about weather and traffic conditions.
- Reach out to an experienced legal team ASAP.
What Damages Can I Recover from a Distracted Driving Lawsuit?
At the Joseph Law Group, our Cleveland personal injury attorneys fight for every form of compensation for our clients. This includes:
- Medical expenses
- Lost income
- Pain and suffering
- Mental anguish
- Loss of enjoyment in life
- Loss of consortium
- Funeral and burial expenses, if the crash caused a wrongful death
- And more
Keep in mind that certain aspects of your case can mean a reduced compensatory award. If you hold any responsibility for the accident, your compensation can be reduced by the percentage of your liability. In Ohio, this is known as comparative negligence or comparative fault.
Comparative Fault
If a distracted driver runs a red light and T-bones you, most insurance companies would find them at fault for the accident. If you were speeding, however, the insurance company may determine that you were 15% at fault for the accident. Under Ohio law, you can recover damages from auto accidents if you are found less than 50% at fault for your injuries. So, if you are found 15% at fault, you can still recover damages, but only 85% of the final compensatory award.
This is why working with an experienced distracted driving accident lawyer is so important. An experienced Cleveland car accident lawyer at Joseph Law Group can fight the comparative fault assessment to try and prove that the negligent, distracted driver holds 100% of the fault, particularly if the other driver was distracted.
How to Prove Driver Distraction
After an auto accident, it can be difficult to get all the information you need from other drivers, make a police report, communicate with your insurance company, and seek medical treatment for your injuries all in such a short span of time. On top of this, what if the other driver claims they weren’t distracted? How are you expected to prove distraction on top of all the other necessary tasks you have in front of you? This is where we come in.
After you make the police report and seek medical treatment, allow us to handle everything else. We help car accident victims every day, so we understand the necessary evidence needed in cases like this. Working with a distracted driving accident lawyer at Joseph Law Group can help with this aspect of your case and so much more.
How Can the Distracted Driving Accident Lawyers at Joseph Law Group Help Me?
After a car accident, motorcycle accident, truck accident, or any other type of motor vehicle accident caused by distracted driving, the last thing you want to do is fight with insurance companies and run around town trying to gather evidence. That’s why at Joseph Law Group, our Ohio car accident lawyers will focus on the gritty details of the case so you can focus on healing.
In fact, we highly recommend not speaking to insurance companies on your own. They’ll usually want a statement of what happened, and anything you say can later be used against you in your case. If an insurance company contacts you and wants a statement, simply let them know you’re receiving treatment for your injuries, and they can contact your personal injury lawyer at Joseph Law Group if they have further questions.
At our law firm, we always make it a priority to treat your case with the care and dedication it deserves. Our clients aren’t just another number to us. We believe our clients deserve comprehensive and compassionate legal representation. Our team has helped thousands of clients recover what they deserve after someone’s negligent acts caused injury or death. See for yourself what our clients have to say about our dedicated team here.
Cleveland Attorneys for Injury Victims of Distracted Driving Accidents
Motor vehicle accidents can cause serious injuries, even without the added circumstances of a distracted driver. Distracted drivers should be the ones to pay for their poor decisions, not you. At Joseph Law Group, our attorneys are prepared to prove negligence on behalf of the at-fault party and pursue maximum compensation for your injuries. You can rest easy knowing your case is in the capable hands of our dedicated Ohio distracted driving accident lawyers.
With decades of combined legal experience, we can help prove negligence, recover compensation, and get you the resources you need to heal. Call us today at (216) 522-1600 to schedule your free initial consultation or if you have any more questions about our legal services.
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The insurance industry is built on the avoidance of making any payments on claims. They see claims as liabilities, and initially deny, defend, and delay a claim to limit that liability and save money for the company. Ultimately, it is the job of the attorneys at Joseph Law Group to advocate on behalf of our clients and to give the insurance companies and adjusters enough reason to pay an amount of money that is fair under all circumstances. When you hire Joseph Law Group to represent your claim, you are getting a full-service team of dedicated attorneys and paralegals who will be committed to pursuing the best outcome for you from day one until trial.
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