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What Are My Options if I Was in a Crash Caused by a Distracted Driver?

Posted on in Car Accidents

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Distracted driving continues to be a huge contributor to serious automobile accidents in Connecticut and throughout the United States. We often associate distracted driving with texting while driving. However, distracted driving occurs when any type of distraction takes a motorist’s attention off of driving or his or her hands off of the wheel. If you or a loved one were injured in a car accident caused by a distracted driver, you may be able to recover compensation for your damages through a personal injury claim.

What Is Distracted Driving?

For seasoned drivers, driving a motor vehicle becomes second nature. Most drivers instinctively know how to move their hands and feet to operate a car safely. However, when a driver is distracted, he or she may make crucial mistakes behind the wheel. Distracted driving can involve any of the following activities or behaviors:

  • Eating and drinking

  • Brushing hair or other grooming activities

  • Using an electronic device such as a cellphone or GPS system

  • Changing radio stations

  • Dealing with children in the backseat

  • Reaching for an object which has fallen on the floor

  • Daydreaming

These are just a few examples of the types of distractions that can cause someone to make dangerous errors while driving.

Your Legal Rights After a Distracted Driving Accident

Connecticut prohibits the use of cell phones while driving by law. Drivers are not allowed to make phone calls or send or receive text messages behind the wheel unless the phone is being used in a hands-free mode. If the person who caused your accident was cited for using a cell phone behind the wheel, the police report describing the person’s unlawful behavior will be a crucial element in your case. However, you do not need to prove that a driver was violating Connecticut distracted driving laws in order to have a valid claim against him or her. A successful personal injury claim against another driver is possible when:

  • The driver owed a duty of care. Connecticut drivers have a duty to follow the law, pay attention to their surroundings, and drive in a reasonably safe and responsible manner.

  • The driver failed to uphold the duty. Dash camera footage, data from the vehicle’s event data recorder (EDR), red-light camera video, and other evidence may be used to prove that the driver breached his or her duty of care.

  • You suffered injuries because of the driver’s negligence.

  • You incurred damages such as medical bills and lost income because of your injuries.

Contact a Greenwich, CT Car Accident Lawyer

Vehicle collisions occur for various reasons, including driver error or negligence. If you or a loved one were hurt in a car accident caused by a distracted driver, you may be entitled to compensation for your damages. Call Ivey, Barnum & O’Mara, LLC at 203-661-6000 today and schedule a free consultation with our diligent Metro New York personal injury attorneys to learn how we can assist you with your claim.

 

Source:

https://www.jud.ct.gov/lawlib/law/cellphone.htm

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