When drivers take their eyes off the road in Charleston, West Virginia, it can only take moments for a crash to happen. Distracted driving can cause devastating injuries with long-term consequences. Victims of accidents will often face increasing medical bills and costs along with the emotional distress caused by the crash.
Were you or a loved one hurt by a distracted driver in Charleston, WV? You could potentially seek financial compensation from the at-fault driver for costs, including medical expenses, lost pay, property damage, pain and suffering, and more. A knowledgeable Charleston distracted driving accident lawyer can fight for you and your legal rights in a personal injury claim.
Contact Mani Ellis & Layne Accident & Injury Lawyers for a free consultation with a Charleston, WV car accident attorney at (614) 587 8423.
How Mani Ellis & Layne Accident & Injury Lawyers Can Help After a Distracted Driving Accident in Charleston
A Charleston car accident lawyer can begin the process by evaluating the facts and circumstances of your distracted driving claim. This can include pinpointing the scene of the accident, establishing the identity of the responsible driver, and tracking down witness information.
As part of a personal injury claim in Charleston, WV, our Charleston personal injury lawyers can take several key steps, including:
- Locate police reports from the crash
- Locate key physical evidence supporting your claim
- Collecting photos taken by you, other witnesses, and police on the scene
- Seek out video footage of the crash, including surveillance camera footage
- Identify the at-fault driver, along with their insurance provider
- Negotiate with the responsible driver’s insurance company regarding settlement
- Seek out expert witnesses to prepare reports and testify in your case
- File a personal injury lawsuit
- Take part in mediation and settlement negotiations
- Take your case to trial if you don’t receive a favorable settlement.
Contact our law office to schedule a free consultation with a Charleston distracted driving accident attorney and learn more about how we can help with your case.
How Common Are Distracted Driving Accidents in Charleston, WV?
Over 3,000 people are killed across the United States in distracted driving crashes, according to the National Highway Traffic Safety Administration. Many more thousands are injured as a result of these crashes.
Charleston Police warn drivers to keep their eyes on the road and drive safely, alarmed by ongoing distracted driving accidents in the Charleston area. Local authorities note that the 58-mile marker on I-64 is a particularly notorious site of distracted driving injuries. The sad news is that distracted driving occurs all around us and is more common than ever before.
How Do Distracted Driving Accidents Happen in Charleston?
Distracted driving happens when drivers take their attention away from driving. The most common example is cell phone use behind the wheel.
Some examples of a driver’s distractions can include:
- Using a phone to talk, text, or scroll
- Food and drink
- Talking to passengers
- Personal hygiene, putting on makeup, or styling hair
- Smoking or vaping
- Adjusting the stereo or fiddling with the car’s entertainment system
- Interacting with the navigation system
- Trying to calm children while the car is moving
- Moving personal items, groceries, or other objects within the car
Distracted driving accidents can injure bicyclists and pedestrians in addition to vehicles on the road. Keep in mind that if a driver takes their attention off the road for even three seconds at highway speed, their car will move the length of a football field before the driver can re-focus. The results can be tragic. Put simply, it is impossible to drive safely when distracted by anything, at any speed rate.
We handle all types of car accidents, including:
- DUI Accidents
- Head on crashes
- Highway crashes
- Hit-and-run accidents
- Intersection crashes
- Multi-Vehicle crashes
- Rear-end crashes
- Single vehicle accidents
- Speeding Accidents
- Lane change crashes
- Red and yellow light accidents
- Self-driving accidents
- U-Turn Accidents
What Damages Are Available to Victims of a West Virginia Distracted Driving Crash?
In West Virginia, victims are entitled to both economic and non-economic damages caused by a distracted driving accident.
Economic damages include the costs we normally associate with a crash, such as medical expenses and lost wages. Property repairs, home medical equipment, and therapy costs can also be classified as economic damages. Reduced ability to earn income in the future can also count as economic damages if they can be fairly calculated. Essentially, any cost that can be itemized by a bill or invoice falls in the category of economic damages.
In the devastating event of a fatal crash, funeral and burial expenses are also included in this category.
Non-economic damages aren’t as simple to calculate. Pain and suffering is an example of non-economic damages that relate to the emotional toll suffered by an accident victim. After a distracted driving crash, a Charleston accident lawyer will fight for the full range of non-economic damages you might be entitled to in the situation.
What Is Negligence in a Distracted Driving Case in West Virginia?
To prove the other driver is legally responsible for the victim’s injuries, the victim’s lawyer must establish negligence.
Negligence is made up of four elements, each of which must be proven:
- The driver had a duty of care to other drivers. In other words, they were expected to pay attention to the road while driving.
- The driver breached their duty of care by failing to use reasonable care and caution on the road.
- The driver’s breach of duty caused the crash and injuries to the victim.
- The accident actually caused damages to the victim – whether economic or non-economic.
To prove your claim, a lawyer will obtain all medical records and other documentation describing your treatment and the costs of your treatment. Your lawyer will also use all other facts and evidence available to support your claim.
Contact Our Charleston, WV Auto Accident Lawyers for a Free Consultation
Distracted driving accidents can be shocking and devastating. If you were hurt by a distracted driver in Charleston, WV, you could seek financial compensation from the at-fault driver. To learn more, contact Mani Ellis & Layne Accident & Injury Lawyers to schedule a free consultation with a Charleston distracted driving accident attorney.
