When Can I File a Claim for a Wisconsin Crash Caused by Distracted Driving?

driver using phone for textingDistracted driving is a leading cause of auto accidents, and it poses a serious risk to everyone’s safety. If you were injured in an accident caused by a distracted driver, you may be wondering what legal options may be available to you.

Our experienced Oshkosh car crash attorneys are prepared to discuss your legal options during a free consultation. We do not charge you anything up front and there are no fees unless we recover compensation on your behalf.

We know how to prove distracted driving occurred and how to gather evidence to support your claim.

Call us today to schedule a free consultation: (877) 888-5201.

What Are The Different Types of Distractions?

Distractions for drivers generally fall into one of the three categories below. However, some distractions involve all three categories:

Visual Distractions

Visual distractions are activities that divert a driver’s eyes away from the road ahead. One of the most prevalent visual distractions is the use of electronic devices like smartphones, tablets or GPS.

Drivers who glance at their screens to read or send text messages, check emails or browse social media greatly increase the chance of a collision with another car.

Additionally, visual distractions can occur when drivers focus on things outside their vehicles, like accidents, billboards or scenic views rather than maintaining their attention on the road.

A driver who takes his or her eyes off the road, even for a few seconds, can lose control of his or her vehicle, fail to stop at a traffic signal or fail to react in time to avoid a collision. Drivers often do not realize how far their vehicles travel when they take their eyes off the road for just a few seconds.

Manual Distractions

Manual distractions involve taking one or both hands off the steering wheel, reducing a driver’s control over the vehicle.

Texting while driving is a prime example of manual distraction, as it requires manipulating a mobile device and typing messages.

Other common manual distractions include eating or drinking, adjusting the radio or music player, grooming activities like applying makeup or shaving, or reaching for objects within the vehicle. Engaging in these activities diverts attention away from the primary task of driving and significantly increases the risk of an accident.

When a driver engages in activities that require the use of his or her hands, the ability to respond quickly and effectively to changing road conditions is significantly reduced.

Cognitive Distractions

Cognitive distractions occur when a driver’s mind wanders away from the task of driving.

Daydreaming, deep conversations with passengers or being overly fatigued can all lead to cognitive distractions.

While these distractions may not involve physical actions, they impair a driver’s focus, reaction time and ability to make quick and sound decisions on the road.

Fatigue can have especially severe consequences, as drowsiness diminishes alertness and impairs cognitive function, much like alcohol.

Proving a Distracted Driver Caused the Crash

Establishing driver distraction can be challenging, but there are several ways to gather evidence and support your case when pursuing compensation for your damages.

First, it is important to get contact information from potential eyewitnesses so your attorney can interview them. Eyewitnesses may have seen the driver using his or her phone, eating or engaging in other distracting activities while operating the vehicle.

Your attorney may also be able to obtain the other driver’s phone records. Cellphone records can reveal if the driver was using his or her phone to text or make calls. These records can provide concrete evidence of distracted driving and establish a direct link between the driver’s actions and the crash.

The police report may also make mention of whether the responding law enforcement official suspects distracted driving as the cause of the accident. While the police report on its own may not be enough evidence to prove this, it can be used as supporting evidence in your case.

Crash damage can also indicate distracted driving. For example, if the other driver’s vehicle did not leave any skid marks, it may indicate distracted driving. Rear-end crashes are often a result of distracted driving. Head-on crashes may occur because the driver was not paying attention before drifting into oncoming traffic.

What Legal Options Do I Have if a Distracted Driver Hit Me?

Victims of distracted driving accidents may be able to file a claim with the other driver’s liability insurance to recover compensation for things like medical bills, lost wages and other damages.

To successfully recover the compensation needed, your attorney must be able to prove the other driver’s actions, in this case distracted driving, caused the collision that resulted in your injuries.

Therefore, you need to prove more than just the other driver being distracted. You must also successfully link your injuries to the collision. To do this, you should get immediate medical attention so the insurance company cannot blame your injuries on something besides the crash.

Need Help After a Crash? Call Us Today

If you were injured by a distracted driver who caused a collision, let our knowledgeable attorneys help.

Our lawyers have successfully recovered millions on behalf of our clients. We offer a free legal consultation to determine how we may be able to help you. There are also no upfront fees for our services, so there is no risk to you.

We know how dangerous distracted driving is and how severe the injuries from these crashes often are. We are dedicated to helping victims of these and other accidents recover maximum compensation for their injuries and damages.

Call (877) 888-5201 today to learn more.