3 FAQs About Building Claims Against Distracted Drivers

Michael Waks

2 years ago

If motorists never fell victim to distraction, there would be 3,000 fewer traffic fatalities every year. Without distracted drivers, there would also be significantly fewer accident-related injuries.

Were you one of the many victims of distracted driving? Thankfully, you may be entitled to compensation. You’re going to have to put together a compelling claim, however, in order to seek it.

Should you be wondering what that entails, read on. Here are the answers to some of the most frequently asked questions on the subject:

1. How Can I Prove the Motorist Who Hit Me Was Distracted?

In order to prove liability, you’re going to have to convince the insurance adjuster that the motorist who hit you was not paying attention. The best way to do so will come down to the nature of the distraction in question. Potentially compelling evidence might include:

Eyewitness testimony,
Cell phone records,
Dash camera footage,
Surveillance recordings,
Fast food receipts, and
Social media posts.

2. What Kinds of Damages Can Victims Include in Claims Against Distracted Drivers?

California recognizes both the economic and non-economic damages that arise in the wake of car accidents. As such, victims of distracted driving can generally seek compensation for some combination of the following:

Pain and suffering,
Diminished quality of life,
Emotional distress,
Property repairs,
Medical bills,
Lost wages, and
Replacement services.

California tort law also allows the spouses of victims to seek compensation for loss of consortium. This encompasses the losses their marriage suffered as a result of the accident.

3. How Long Do Victims Have to Take Action Against Distracted Drivers?

There are strict filing deadlines for personal injury actions in California, including those against distracted drivers. That means if settling proves impossible, you’re going to have a limited amount of time to file a formal lawsuit.

The usual statute of limitations is two years from the date on which the collision occurred. The filing deadline for most wrongful death actions is also two years, so if you lost a loved one in a distracted driving accident, you may have to take the liable party to court within that same timeframe.

Keep in mind, however, that there are various exceptions to these statutes. As such, it’s advisable to consult an attorney as soon as possible after the wreck to confirm any deadlines that might make or break your case.

Discuss Your Case with a Car Accident Attorney in Long Beach

Your Injuries Are Personal to Me

At the Law Office of Michael D. Waks, we’re proud to stand up for those who have been wronged by others. If you were seriously hurt in a wreck because someone wasn’t paying attention while behind the wheel, you deserve justice, and we’ll help you seek it. Call (562) 206-1939 or submit the Contact Form on our website to schedule a free case review with a car accident lawyer in Long Beach.

Save Our Car Crash Emergency Response .PDF

Unfortunately, there will always be distracted drivers on the roads. To ensure you know how to respond in the event that another one hits you someday, download our Car Crash Emergency Response .pdf, and print a copy to store in each of your vehicles. This checklist will ensure you record the scene thoroughly, so you can put together the strongest claim possible. Get it HERE for free.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.