Should You File A Lawsuit When Hit By A Distracted Driver?


While you are commuting to work, a driver might suddenly change lanes without looking and collide with your vehicle. Since they hit the driver's side of your vehicle, you will suddenly find yourself in pain and immediately pull over. You might wonder how this happened. Unfortunately, many drivers are very distracted while driving and fail to pay attention when changing lanes. The next question is whether you should file a claim with their insurance provider or file a lawsuit.

Why Drivers Are Often Distracted

Cell phones are widely known for causing drivers to become distracted. But what is even more dangerous is a GPS. While the driver is plugging controls into the GPS, they might also be operating the vehicle. Some GPS units even stop working when the car is in motion but this is not the case for all GPS units. A GPS unit might also tell a driver to make a turn that they have almost already passed and the driver might turn abruptly without looking first.

Anything else that can distract the driver in the car can also create a hazard. Radios of the past had a knob that the driver could turn while still looking at the road, but modern infotainment systems require a driver to look down to change the channel. 

How to Prove the Driver Was Distracted

The driver will likely not admit that they were distracted and it may end up being your word against theirs. You will need to hire a car accident lawyer who will be able to find evidence that the driver was distracted to further support the claim that they are at fault.

When to File a Lawsuit

Many car accident cases are settled out of court. However, there are some cases where the insurance provider might refuse to admit that the policyholder was at fault. Also, some motorists do not carry auto insurance even if it is illegal to do so. This might leave you with no choice but to file a lawsuit.

Whether or not you should file a lawsuit depends on how serious your injuries are and how strong of a case you have. For this reason, it's important to always consult with a car accident attorney before you file a claim. If your case isn't very strong, the process of filing a lawsuit might be arduous and expensive, but it will ultimately be worth it when you are compensated for your damages and are awarded punitive damages.

Contact a local auto accident injury lawyer to learn more.


29 December 2021

Staying Strong During A Legal Battle

When you are involved in a messy car accident, things can get complicated fast. In addition to proving who was at fault, you might also have to worry about healing. However, you don't have to endure long phone calls and complicated insurance paperwork on your own. Hiring an attorney is the key to remaining strong during the aftermath of a car accident. As you think about your own situation, try to figure out if you can do things on your own. If you feel like you need a little help, don't be afraid to talk with an attorney. The information on this website should help you to decide how legal counsel can help you.