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Distracted Driving Accident Attorney Fort Wayne

Distracted Driving Accidents

Increasing, people are trying to do too many things at once. And when they try to multitask behind the wheel of a moving vehicle, then terrible accidents can result.

At Delventhal Law Office, we meet with the victims of distracted driving accidents every day. We have seen firsthand the devastation that these collisions can cause, including broken bones, lacerations, burn injuries, concussions, nerve damage, and spinal cord injuries.

Types of Distractions

Almost anything can serve as a distraction if it forces a person to take their eyes off the road. However, some distractions are more common than others:

  • Texting
  • Emailing
  • Talking on the phone
  • Talking to a passenger
  • Reaching for something on the floor or in the glove compartment box
  • Eating or drinking
  • Fiddling with dashboard controls
  • Using a GPS device
  • Gawking or rubbernecking
  • Daydreaming

Children and pets are other sources of distractions. A child might throw something or have a tantrum, and the parent tries to calm the child when they should be driving. Pets can also get loose and surprise a driver by plunging into the front seat, causing a collision.

To limit distractions, put your phone away and fiddle with dashboard controls when stopped at an intersection. You should also park the car if you need to attend to a pet or child.

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Dangers of Distracted Driving

The federal government has collected statistics on distracted driving, and they are certainly alarming. Each day, around nine people are killed in a distracted driving collision and another 1,000 suffer injuries.

Injured victims can face tens of thousands of dollars in necessary medical care, which they have no way of paying. Everyone out on the road needs to do our part to reduce the number of distracted driving accidents, and we need to begin today.

Areas We Practice

Other Practice Areas

At the Delventhal Law office, our Fort Wayne personal injury attorneys are committed to fighting for the rights and interests of accident victims. If you or a family member was injured because of the carelessness or recklessness of another party, we can help. Our Indiana personal injury lawyers handle a wide array of legal cases, including:

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What you need to prove for Compensation

Indiana law states that the person who is at fault for an accident is responsible for covering the losses of victims. This means that before you can receive compensation, you need to identify who is at fault for the crash.

Generally, someone is at fault if they were negligent and their negligence caused your injuries. Under Indiana law, you will need to prove four elements:

  • Duty. You must show that the driver who struck you had a duty to use reasonable care. Typically, this duty is a given, since motorists always owe other vehicles and pedestrians a duty to operate their cars carefully.
  • Breach. The defendant must have fallen short of the duty of care, meaning they were careless. If the driver was distracted, then they usually have breached their duty.
  • Damages. You need injuries that warrant compensation under the law. Clients who have suffered physical injuries requiring medical attention qualify.
  • Causation. The breach must have actually caused your injuries. In other words, you can’t injure your back rollerblading and then claim that the fender bender you were involved in was to blame. The accident must be to blame.

You can only receive compensation if you prove each of the four with sufficient evidence. If you can’t, then you shouldn’t expect to receive anything, no matter how badly you are hurt.

How a Distracted Driving Accident Attorney can help

Finding evidence for your case is difficult—especially if you are holed up at home because of a serious injury. This is where an experienced car accident lawyer comes in. At Delventhal Law Office, we have helped our clients by doing the following:

  • We can visit the scene of the accident to look for evidence.
  • We can interview witnesses who might have seen the accident and ask them to tell us how they remember the collision happening.
  • We can inspect your damaged vehicle, which could hold clues to the crash.
  • We can subpoena cell phone records to check whether the defendant was on the phone.

Our attorneys can also negotiate a favorable settlement. We have sat across the negotiating table from most of Indiana’s gigantic insurance companies, and we know the tactics they use to try and limit the amount of compensation that they pay out.

Contact a Fort Wayne Car Accident Attorney Today

Distracted driving is a menace on Indiana’s roads, and the best thing you can do is hold distracted drivers responsible when they hit and injure you. Contact Delventhal Law Office today.

One of our Fort Wayne distracted driving attorneys will meet with you in a free consultation to discuss your case. We can then identify the different paths you have to obtaining compensation.

Call (260) 484-6655 or send us an online message to schedule your consultation today.