There is no such thing as a perfect driver, and everyone makes mistakes on the road. However, there is a big difference between an honest error and willfully disregarding one’s duty to drive safely. When a motorist chooses to drive distracted, their negligence puts everyone in danger.
If you have been injured in an accident with a motorist who was more concerned about texting or other activities than driving safely, we can help. Our distracted driving lawyers in Lee’s Summit will hold them accountable for their actions and get you the compensation you need to move forward.
Foster Wallace Personal Injury Lawyers has recovered more than $1 billion in awards and settlements for Missouri residents injured in accidents. Find out how our Lee’s Summit car accident lawyers can help when you call for your free, no obligation consultation.
Should You Take a Settlement?
Soon after your accident, the insurance company representing the at-fault driver might contact you with a settlement offer. It is never a good idea to accept an initial offer without consulting a lawyer. Often, the insurer is trying to find a way to pay you less than you deserve.
The insurance company will investigate the crash. If evidence such as the police report indicates distracted driving played a role, they’ll know you likely have a strong case. They will try to contact you before you have a chance to get legal advice.
Our personal injury lawyers in Lee’s Summit will investigate your accident as well, and we will know the full value of your damages. We’ll work to make sure you get the compensation you need to cover all of your hardships, and we aren’t going to let an insurer take advantage of you.
How Can You Prove Distracted Driving?
You might believe the other driver had their focus elsewhere, but they may deny it. Proving distracted driving starts with gathering solid evidence. Our distracted driving accident attorneys in Lee’s Summit will investigate your accident to learn what happened.
- Police reports may note if the other driver admitted to using a phone or appeared distracted.
- Witnesses can help confirm what happened just before the crash.
- Traffic or dashcam footage might show the driver not paying attention.
- Cell phone records can show if the driver was texting or calling at the time.
- Photos from the scene, like skid marks or damage angles, can also support your claim.
Our goal is to show the driver acted negligently by not focusing on their duty to operate their vehicle safely; however, through the course of our investigation, we may find other liable parties who contributed to your accident as well.
Contact our Kansas city personal injury lawyers now.
What Is the Compensation for a Distracted Driving Accident?
If you’re hurt in a distracted driving accident, our Lee’s Summit distracted driving lawyers will work to recover compensation for your financial and personal losses. Your total award or settlement could be thousands of dollars or millions, depending on your damages.
You may be able to recover:
- Medical expenses for things like hospital bills, rehabilitation costs, and prescription medications
- Lost wages to compensate you for income missed while you were unable to work due to your injuries
- Future income loss if your injuries prevent you from returning to work or limit your earning capacity
- Non–economic damages to cover the emotional pain and distress resulting from the accident
- Property damage to cover the cost of repairing or replacing your vehicle and any other damaged property
- Out-of-pocket expenses, including costs for transportation, in-home care, and necessary medical equipment
Is Distracted Driving Illegal?
Some distracted driving is illegal in Missouri under the Siddens–Bening Hands–Free Law (RSMo § 304.822), which prohibits drivers from using handheld electronic devices while operating a vehicle. Violators face fines of $150 for a first offense.
While criminal punishments don’t help you pay your medical bills, they may help your case. If law enforcement cites the driver at the time of your accident, it can serve as important evidence that shows the other motorist is responsible for the crash.
Comparative negligence laws in Missouri mean each party can share blame and still recover damages based on their level of fault. A citation that shows the other driver was distracted can reduce or eliminate your share of liability.
Talk to Our Distracted Driving Accident Attorneys in Lee’s Summit
A car accident can leave you with serious injuries that prevent you from working and earning a living. Your debts can add up fast, and they can remain a burden even after you’re feeling better. It doesn’t seem right when another driver caused your accident.
Our distracted driving accident attorneys in Lee’s Summit can handle your claim, accurately assess your damages, and hold the negligent driver and their insurer liable. We’ll work to recover compensation that reflects the harm they’ve caused and helps you move on.
It’s Your Injury; Our Fight. The team at Foster Wallace has more than 45 years of combined legal experience fighting on behalf of injured accident victims in Missouri and Kansas. Call today to schedule your free consultation and tell us about your accident.
