Phoenix Distracted Driving Accident Lawyer
When you make the conscious decision to get behind the wheel of a motor vehicle and use it to transport yourself from place to place, you are acknowledging that you will adhere to a certain standard of care. This duty is not only to follow the basic rules of the road—no speeding or driving while intoxicated—but also refers to the notion that you will not breach this duty in any capacity, such as driving while distracted.
Distracted driving can refer to activities that are not technically illegal, like glancing at your phone, driving while tired, or even while on the phone with another person. If you have found yourself involved in an accident due to another driver’s distracted driving, you are owed damages for your accident. The Phoenix distracted driving accident attorneys at Feller & Wendt want to help you claim these damages.
How an Attorney Can Help After Your Distracted Driving Accident
Don’t try to navigate the aftermath of your accident alone. One of the first steps to take after being injured in your motor vehicle accident and receiving the appropriate medical attention is calling a dedicated attorney from Feller & Wendt. With many years of experience, we will immediately begin working on the following while you focus on resting and recovering:
Filing Your Claim
Arizona currently has a two-year statute of limitations for personal injury claims. This means that you have two years from the date of your motor vehicle accident to have filed a claim with the insurance company. When your attorney handles the filing for you, you do not have to worry about missing the deadline or knowing what to do if your claim comes back with an inadequate settlement offer.
Most low settlement offers are the result of not properly demonstrating the full cost or extent of your injuries. Your Phoenix distracted driving lawyer will know what documentation to include to give you the best possible shot at a settlement worthy of your losses.
Your attorney will immediately begin an investigation into the circumstances surrounding your accident. This includes the collection and assessment of any relevant evidence. This can include personal video footage or photographs from your phone, detailed medical records, police reports, traffic security camera footage, and more.
This evidence is time-sensitive and will require resources, so ensure you reach out to an attorney as soon as you possibly can. This allows them the time necessary to investigate and document the accident.
Using the collected evidence, your Phoenix, AZ distracted driving accident attorney can demonstrate the distracted driver’s negligence in detail. Liability is established by showing that negligence has occurred. In this case, it is the driver’s distracted driving that has caused the accident. Following the four components of negligence, your attorney will demonstrate the following has occurred:
- There was a standard of care
- That care was breached by driving while distracted
- The distracted driving resulted in an accident
- The accident resulted in your injury and property damage
Once that has been established, they may be found liable for your accident.
What Damages Are You Entitled to After Your Accident?
Distracted driving accidents can affect a variety of people: other drivers, pedestrians, cyclists. The injuries can range from uncomfortable to long-lasting and permanent. No matter the extent of your injuries, you are entitled to compensation for them after your accident. In Arizona, this includes compensation for both economic and non-economic damages, such as:
- Past, present, and future medical bills
- Any emergency hospital visits
- Rehabilitative or physical therapy
- Prescription medication costs
- Lost wages due to the inability to work
- Endured pain and suffering
- Loss of enjoyment of life
If your accident is a result of gross negligence, you may qualify for punitive damages. These are not based on your losses but instead are a penalty fee for the party whose wanton negligence resulted in the accident. In Arizona, there is a law prohibiting the placement of a cap on damages incurred as a result of a personal injury claim.
Consult With a Steadfast and Compassionate Phoenix, AZ Distracted Driving Accident Lawyer Today
The aftermath of an accident involving a distracted driver can be overwhelming to navigate without the professional guidance of an attorney. With Feller & Wendt on your side, you are giving yourself the peace of mind that comes with knowing a team of dedicated and compassionate attorneys are hard at work for you and your case. Don’t risk filing a claim on your own and having to settle for an unworthy settlement. We are here to help you get the most out of your claim. We’re even prepared to take your case to court if need be.