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The nature of the accident itself often establishes the carelessness of the at-fault driver necessary to prove negligence. For example, running a red light, failing to stop at a stop sign, weaving into other lanes, speeding and similar actions often speak for themselves in terms of proving the other driver negligently caused the motor vehicle accident that injured you or your loved one. Proving that the driver was distracted by her use of her cell phone will often take extra work and investigation, but given the preventable nature of such behavior is something we fight hard to do. Let our Sarastoa Car Accident Attorneys listen to the details of your accident and work to develop your case of distracted driving. Please contact us today to hear more about your rights.
It is not always necessary to file a lawsuit against a driver who was using a cell phone to distraction while driving. The driver may, for example, actually admit to the use, or witnesses may attest to seeing the driver on the cell phone or texting while driving. In some instances, however, it may be necessary to file a lawsuit in order to establish such distractions. A lawsuit would compel the suspected distracted driver to answer questions regarding what else besides driving may have been going at the time the crash occurred. Producing the suspected drivers’ cell phone usage records can also be compelled once litigation begins.
We recommend AGAINST talking with the insurance companies or signing any documents that they send you. You may be limiting your rights to compensation. In our experience, insurance companies seldom offer you an appropriate settlement. An insurance adjuster works to save the insurance company money, so regardless of how reasonable and pleasant the adjuster may seem, he is looking out for his company’s best interests, not yours. In the case of distracted driving, the insurance company may be aware that its driver was texting while driving or using the cell phone and in an effort to avoid having that damaging information revealed, offer you a quick and seemingly reasonable settlement. Once a case is settled, further claims will nearly always be precluded.
Also consider that the full extent of your injuries may not be known for a while. Accordingly, determining a fair settlement value of your case cannot be done. The amount of recovery time varies from individual to individual; settling before you have fully recovered usually precludes further claims from being made. Your car accident lawyer can handle all of the insurance communication and carefully evaluate any offers to ensure you do not settle for less than you deserve.