Distracted Driving Accidents
Although there are numerous reasons that car accidents are a frequent occurrence on the road today, distracted driving seems to be one of the most prominent reasons—and something that continues to grow as a threat to motorists’ safety. Distracted driving is a general term that is used to refer to any activity that takes a driver’s attention away from the road and prevents them from being able to operate the vehicle safely. In many cases, someone who caused a distracted driving accident will say that they never saw the plaintiff or their vehicle because everything “happened so fast.” While car accident cases may seem straightforward, there can be challenges when it comes to proving what the defendant was doing and how this caused the crash. Providence distracted driving accident lawyer David Tapalian has assisted many victims with seeking justice after a preventable crash, and he is ready to assist you.Establishing Liability for a Distracted Driving Accident
A distracted driving crash usually leads to a personal injury claim, which requires the plaintiff to establish that the defendant acted negligently and that this negligence was the direct and foreseeable cause of the damages that the plaintiff suffered. Negligence is a legal doctrine that varies somewhat according to the circumstances, but it generally requires each of us to operate a vehicle with the same level of care and skill that a reasonable person would use while behind the wheel. Unsurprisingly, this includes complying with all applicable traffic laws and regulations.
In 2011, Rhode Island’s current distracted driving law went into effect. The law bans all drivers from texting behind the wheel, including sending, drafting, or reading messages while driving. The state also has prohibited drivers under the age of 18 from using a cell phone for any purpose, even if they are using a hands-free device, and bus drivers are also prohibited from using a cell phone for any purpose. Showing that a driver was using their phone can be tricky, and it often requires obtaining their phone records through discovery after the litigation has started. A distracted driving accident attorney can help Providence residents with taking these steps. After an accident, it is also usually a good idea to obtain copies of any police reports that were created, which can indicate whether or not the driver was cited for a distracted driving violation.
The lawsuit does not end with showing that the defendant was careless. Once the plaintiff proves that the defendant was distracted while driving, they must draw a causal connection between this distraction and how the accident occurred. For example, if the defendant was reading a text message and failed to notice that a traffic light had turned red, a head-on collision or a side-impact collision with another vehicle that had the right-of-way to enter that intersection would be a plausible outcome of this distracted activity.
An accident reconstruction expert can help explain to the jury how the accident happened and how the injuries that you sustained were foreseeable results of the crash. If causation is established, the plaintiff must support any damages that they are claiming in the lawsuit with documentation, such as receipts, medical bills, missed paychecks, or other injury-related items.Retain a Distracted Driving Accident Lawyer in Providence or Surrounding Areas
If you or someone in your family has been injured in a car accident involving distracted driving, you may be entitled to compensation. At Tapalian Law, our legal professionals are ready to provide you with the dedicated and compassionate representation that you deserve. You should not let a careless driver get away with a serious mistake. With experience representing clients in Rhode Island and Massachusetts from offices in Providence and Seekonk, motor vehicle collision lawyer David Tapalian provides a free consultation so that you can understand more about your legal rights and how he can assist you. Call us now at 401-552-5000 or contact us online to get started on discussing your case with a Providence distracted driving accident attorney.