Distracted Driving

Distracted driving in Billings, MT is a hazard you’re probably aware of. It’s difficult not to notice how many drivers are on their phones, engaged in immersive conversations, and distracted in other ways. Even if you don’t see the distraction firsthand, you may notice a vehicle repeatedly veering out of its lane—a common sign that the driver is distracted.

Too often, a collision serves as proof of a distracted driver’s negligence. If you or a loved one were injured in a crash caused by a distracted driver, you deserve fair compensation. Allow a Billings, Montana distracted driving accident lawyer to pursue fair compensation so you can remain focused on healing from physical injuries, psychological distress, and emotional anguish.

SCHEDULE FOR A FREE CASE EVALUATION

What Is Distracted Driving?

A driver is distracted anytime their attention shifts away from driving safely. This means that drivers are often distracted, whether they are engaged in an active behavior like texting or a more passive behavior like daydreaming.

When it comes to accidents, we tend to focus more on the more provable forms of distracted driving. The intersection in Billings with the most accidents reported last year was King Avenue W and South 20th Street W.  There were 39 incidents reported in one year. There are many types of obvious and egregious distracted driving, and a lawyer will work to prove how a motorist’s failure to pay attention has caused you harm.

The Most Common Examples of Distracted Driving

If there is one thing the modern world offers in abundance, it’s distraction. Whenever a driver gets behind the wheel, they must exercise willpower, remember the risks of distracted driving, and remain focused on operating the vehicle safely.

A motorist engaged in driving becomes a danger to themselves and others when they:

• Text
• Make a phone call (even a hands-free call can be dangerous)
• Engage in a conversation that interferes with their ability to drive safely
• Reach inside the vehicle, which can take a hand off the wheel and eyes off the road
• Adjust media on their phone or vehicle’s system
• Take photographs or video
• Tend to passengers or pets in the vehicle
• Engage with people outside their vehicle (including other drivers)

In a recent year, an accident was reported on Rimrock Road in Billings when a car ran into a mail truck.  The negligent driver was observed being distracted by his pet in the vehicle. It only takes a moment of eyes off the road to get into an accident.

Remember the definition that any act—any—that takes the driver’s attention away from the responsibility of commanding the vehicle safely is distracted driving.

Whether or not you’re certain that the at-fault driver was distracted, speak with a lawyer. The attorney may provide you with advice and perspectives that ease your mind and empower you to take the right steps forward.

How Your Attorney May Prove a Driver Was Distracted When They Hit You

It’s important to know that a driver was distracted at the time of an accident. Proving they were distracted is even more important. Some ways that your lawyer may prove the at-fault driver’s distraction include:

Evidence from Law Enforcement

Your attorney may secure helpful evidence from law enforcement officials, which may include:

• A copy of the accident report
• A copy of any citation issued against the distracted driver
• Details of any statements witnesses and the at-fault driver made to law enforcement officials (which may be included in the report)

This kind of evidence may carry added weight, as it has the seal of the law enforcement agency. Trust that your lawyer will maximize any such evidence as they build your case against the distracted driver.

Witness Statements

A witness may have seen a motorist texting while driving, operating their vehicle erratically, or other signs that the motorist was impaired. Your attorney may:

• Obtain existing witness statements (whether from the accident report or other sources)
• Interview eyewitnesses to the accident
• Piece together witness statements with other evidence, which in total will support your case for compensation

In most cases, eyewitnesses have no reason to lie or manipulate the facts. This fact can make witness statements a critically important class of evidence in your case.

Direct Evidence of Distraction

Some types of evidence may directly prove distraction by the at-fault motorist. Such evidence may include:

• Video footage (such as inward-facing dashboard camera footage of a driver being distracted)
• Cell phone records
• Social media posts (which may show the driver was engaged with media at the time of your crash or just before)

It’s never certain what kinds of evidence a distracted driving accident will produce. Your attorney will quickly move to secure all evidence that supports your case, including evidence of the at-fault driver being distracted.

You May Not Need to Prove Distraction to Secure Compensation, But Proving It Could Help Your Case

Your lawyer may not need to prove the driver was distracted to secure compensation for you. In most cases, the more important duty is to prove they caused your accident. This should be enough to prove that you deserve compensation.

Some ways that your lawyer may prove the at-fault motorist caused your accident are:

• Video of the collision, which should show that they were at fault for hitting your vehicle
• Witness accounts describing how the at-fault motorist’s vehicle collided with yours
• Photographs of damage to your vehicle and the at-fault driver’s
• Expert insights about how and why the accident happened and who is at fault for the collision
• Your recollection of how the accident occurred

Your lawyer will aim to prove that the at-fault driver was negligent. They will then argue that the at-fault party’s negligence led directly to the accident, which resulted in you being injured.

Proving distraction may be a bow on top of your lawyer’s case. If your Billings, MT injury attorney can prove that the at-fault party caused the accident, that may be sufficient.

Why It’s Worth Hiring a Billings, MT Distracted Driving Accident Attorney

There are many reasons to let a distracted driving accident represent you. Some facts that may convince you to hire a lawyer after your collision are:

There Is No Out-of-Pocket Cost to Hire Your Lawyer

Many accident survivors probably assume there is an out-of-pocket cost to hire an attorney, and possibly an expensive one. This isn’t true. The majority of distracted driving accident lawyers:

• Do not require clients like you to pay a fee before the lawyer starts their work
• Will cover all expenses associated with their client’s case
• Will agree to receive their fee as a percentage of the client’s recovery (in some cases, the liable parties will pay the lawyer directly for their services)

This kind of agreement is called a contingency fee. Because accident victims are often struggling financially, and because a financial recovery is typical in cases like yours, this fee structure works for both the client and the lawyer.

Your Lawyer Will Be a Package Deal

A lawyer is a potent, valuable resource to have after an accident. And yet, you don’t just get an attorney when you ask for a lawyer’s help. You may also get help from paralegals, expert witnesses, and various others the lawyer employs and hires for your case.

An Attorney’s Experience Can Be a Direct Benefit to You

Think about some areas of life that you have skill or experience in, like your job, for example. You are surely more capable and confident merely because of your experience. This is why attorneys can be confident and effective in representing victims of distracted drivers—they’re experienced and knowledgable in pursuing justice.

If You Need to Sue, a Lawyer Will Be Ready to File the Lawsuit

At the very least, you want a lawsuit to be a viable option because:

• There is a chance insurance companies do not negotiate in good faith, and being able to sue can keep them honest during negotiations
• When distracted drivers are uninsured, suing them may be the best option for securing the money you deserve
• It’s just preferable to have all options available to you, and that includes filing a lawsuit

Lawsuits require urgency, in part because of statutes of limitations. Your attorney will be well aware of such deadlines and will act quickly to file your suit right away.

Steps to Expect in Your Distracted Driving Accident Case

To secure fair compensation from insurance companies, a distracted driver, or other liable parties, your lawyer may need to:

Piece Together the Evidence to Prove Fault

We have covered some types of evidence your lawyer might use to prove who caused the accident (and how their distraction contributed to the crash). Your lawyer will piece that evidence together in the manner they deem most compelling.

Establish Who Is Financially Liable for Your Damages

You may suspect that a distracted driver is at fault for your accident. Other parties may share liability for the accident. The most common liable parties in auto accident cases are insurance companies. You might also deserve compensation from a distracted driver’s employer or certain other parties, depending on the details of your case.

Work with You in Developing a Personalized Case Strategy

Attorneys are most effective when they tailor their cases to their clients. Your case plan will:

• Reflect your goals for the case (some clients are willing to engage in a prolonged legal fight, while others are more intent on seeking a more efficient resolution, for example)
• Account for all insurance policies that cover your accident-related losses
• Reflect any coverage limits within insurance policies
• Be adjustable, as attorneys must sometimes pivot from Plan A to Plan B (and even Plan C, in some cases)

Your lawyer will handle the difficult parts of planning your case. Just know that your feedback will be important to your attorney. It’s your case, after all.

Negotiate a Deal

For many victims of distracted drivers, the ideal case outcome is a quick, fair settlement. The key word there is “fair.”

Your Billings, MT attorney will contact the liable parties. They will see if those parties are willing to negotiate in good faith. If so, your lawyer may negotiate a fair settlement for you. Sometimes, though, liable parties’ resistance to paying money can prevent a fair agreement.

Move Forward with a Lawsuit

If your attorney does not negotiate a fair settlement agreement, you may elect to proceed with a lawsuit. Remember that being able to sue right away is one of the many benefits of hiring a distracted driving collision attorney.

Your attorney will also be primed to go to trial if your case demands it. Trial requires diligent preparation, the ability to perform in the spotlight, and a strong grasp of legal procedures—even more reasons to have a lawyer on your side.

Damages Caused by Distracted Drivers

One of the first questions you may hear from your lawyer is: How has the accident affected you? Lawyers know accident victims are hurting and aim to quickly find out exactly what the client’s damages look like.

Some damages that a distracted driver may cause are:

• Physical pain
• Emotional anguish
• Psychological distress
• Lost quality of life
• Medical expenses
• Lost income
• Property damage

Your attorney will document your damages down to the very last detail. This documentation will be their basis for demanding compensation on your behalf.

You Should Not Wait to Hire your Billings, MT Lawyer

If you or a loved one has suffered an injury, you should contact a Billings, MT, personal injury attorney. Remember, those who wait risk missing the filing deadline for their case.