Steven A. Bagen | April 1, 2025 | Car Accidents
You might recognize distracted drivers by the way their vehicles move. If you see a vehicle drifting erratically within a lane (or even outside of the lane), braking at the last second as traffic slows, turning erratically, speeding up and slowing down inconsistently, or driving partially on the vehicle’s shoulder, the driver may be distracted.
Many people also recognize distracted drivers because the distracted driver hits their vehicle. Failure to brake, high-speed accidents, and collisions caused by a driver drifting out of their lane are some telltale signs of a crash caused by a distracted driver. If you or a loved one are the victim of a distracted driver, allow a Gainesville car accident attorney to pursue compensation for all medical costs, pain and suffering, and other damages from the crash.
You (and Others) Might See a Driver Engaged in Distracting Behavior Before a Wreck
Drivers will often see a distracted motorist and maintain a safe distance. For instance, if you see a Toyota Camry drifting in and out of its lane, you might conclude that the driver is either:
- Distracted (perhaps texting while driving)
- Impaired in some way
In either case, you may remain behind that vehicle for fear that, if you pass, the vehicle will strike yours.
In other cases, though, motorists and passengers might see another motorist actively engaged in distracting behavior, such as:
- Talking on the phone
- Texting
- Taking photos or video
- Eating
- Drinking
- Turning their head to engage with people or animals inside the vehicle
If the motorist engaged in distracting behavior proceeds to cause a collision, testimony from witnesses who saw the distraction firsthand may be helpful to the victim’s case. Even if you did not witness the distraction firsthand—but rather symptoms of distraction like a vehicle weaving in and out of its lane—your testimony will likely be valuable to your case.
The Details of an Auto Accident Can Indicate a Driver’s Distraction
Anyone who drives regularly has seen someone engaging in distracting behavior, either through suspicion or direct observation. Responsible drivers often think to themselves, “That behavior is going to have consequences—maybe not today or tomorrow, but eventually.“
Eventually, it happens. The distracted driver hits another vehicle or causes a collision in another way. When distracted driving-related collisions occur, evidence from the accident can indicate that the motorist was not paying attention at the time of the crash. For example:
- The accident might have happened at a high rate of speed: Speeding is a factor in about one-third of all fatal motor vehicle collisions. When a motorist is distracted, they don’t necessarily have to be driving over the speed limit to be dangerous. If they don’t see traffic slowing in front of them, they may cause a high-speed collision because they failed to brake.
- The distracted driver may have been in someone else’s lane: A motorist who is texting, staring out the window, or distracted in any other way might unwittingly merge into someone else’s lane. This can cause a direct collision or make the other motorist swerve to avoid contact. When an accident happens in this way, it’s a potential sign that the at-fault driver was distracted.
- The distracted driver may have rear-ended another vehicle: Rear-end accidents are one of the crash types most commonly resulting from distracted driving. If you were rear-ended by another motorist, you must at least consider that they were looking at their phone or distracted in some other way when the collision happened.
- The distracted motorist may have run a red light, yield sign, or stop sign: A motorist who is not paying attention is less likely to see red lights, stop signs, yield signs, and other traffic signs and signals. If your accident involved a motorist seemingly missing or disregarding such signals, it may have happened due to distraction.
If a motorist is engaged in any activity that takes their attention from driving, their hand(s) off the wheel, or their eyes off the road, they are distracted. While proving distraction is not always necessary to secure compensation after a collision, proving a motorist’s inattentiveness can benefit your case.
Allow a distracted driving accident lawyer to secure evidence of negligence, compile that evidence into a cohesive case, and fight for the compensation you are entitled to.
Do Not Wait to Hire a Distracted Driving Accident Lawyer After the Crash
You should take several steps after any auto accident, including any that involves a distracted driver:
- Call an attorney right away: You may have already left your accident scene, and that’s fine. However, a lawyer can go to the scene and secure direct evidence (like video of the accident), witness accounts, and other valuable materials to use in your case. A lawyer will also protect you from bad-faith tactics and other potential threats to your case, so don’t wait to hire your attorney.
- Get medical attention (at the scene and afterward): Medical attention is another priority that must not wait after your accident. No matter your personal circumstances or the severity of your pain, it’s absolutely critical that you see a medical professional right away. You might discover potentially life-threatening injuries, and getting medical care will be critical to the success of any insurance claims and lawsuits you initiate after the collision.
- Pursue mental health treatment as soon as possible: Traffic accidents can cause post-traumatic stress disorder (PTSD), yet studies indicate that many accident survivors only get physical treatment after auto collisions. Your psychological and emotional well-being is just as important as your physical health, so do not wait to seek mental health services after an accident.
Remember that an attorney will fight for compensation covering all medical care and mental health services after your accident, so the cost of such care should not be your concern. Your health must be your concern, and your lawyer will worry about the financial cost of your accident and recovery.
Most states have deadlines for filing lawsuits against distracted drivers. Waiting to hire a lawyer can turn into a longer delay than you anticipated and may ultimately cause you to miss a critical filing deadline. Now is the time to identify law firms serving your area and hire the firm most qualified to lead your case.
How a Car Accident Lawyer May Prove That an At-Fault Driver’s Distraction Caused Your Accident
Attorneys don’t wait to start work on distracted driving accident cases because:
- They believe that accident survivors deserve justice (and should not have to wait for any compensation they deserve)
- They recognize how missing a deadline can compromise the survivor’s financial recovery
- They do not want to give insurance companies or any other liable parties an excuse to deny a claim or refuse a settlement
- Their job is to serve as many clients as possible, and resolving your case means they can continue to help other auto accident victims
Securing evidence of the at-fault driver’s negligence will be one of your lawyer’s most urgent priorities. Your lawyer and their team may prove both the driver’s distraction and their fault for your collision by:
- Talking to witnesses: Witnesses can be priceless resources when building a case against a distracted driver. They may have seen a driver texting behind the wheel, saw how the vehicle collided with yours, or witnessed other events that are relevant to your case.
- Hiring experts in crash dynamics: Experts can confirm your lawyer’s case in a variety of ways. They may state unequivocally that another motorist caused your crash. They may reconstruct the collision. They might evaluate evidence in a way that strengthens your lawyer’s arguments.
- Obtaining all other evidence that suggests their distraction and fault for the crash: Video, photographs, and various other evidence can help prove who is at fault for your accident. Such evidence might even show the driver’s distraction. For instance, the at-fault driver’s dashboard camera footage might show them texting while driving at the time of the collision.
Once your lawyer can prove who is at fault for the accident, they have a clear pathway to secure the compensation you are entitled to.
Proving Fault Is Just One Step of Many That Your Lawyer Will Handle for You
Proving fault for the accident is undeniably important. It is critical to obtaining a fair settlement or judgment for you. That being said, proving fault is just one of the many steps your lawyer will take during the course of your case, as they may also need to:
Prove Negligence
Personal injury lawyers prove negligence by:
- Establishing that the at-fault party, here meaning a distracted driver, owed their client a duty of care
- Proving that the at-fault party violated their duty of care by acting in an unreasonable manner
- Establishing a direct cause-effect relationship between the distracted driver’s negligence and the collision
- Proving the link between the collision and the client’s accident-related damages
Evidence and experts should help your lawyer build a solid case.
Exhibit How the Distracted Driver Has Caused You Harm
Your lawyer will establish that the at-fault driver caused the accident. They may then prove the cost of the accident with:
- Healthcare records detailing your injuries, symptoms, future treatments, recovery timetable, and other relevant facts
- Medical bills, which should detail both the nature and cost of your care
- Testimony from medical experts
- Testimony from mental health professionals
- Invoices for the repair of your vehicle (or the replacement of your vehicle)
- Bills for temporary transportation
- Bank statements showing the value of lost income
Your attorney may also have qualified experts testify about any professional opportunities you have lost because of the distracted driver’s negligence.
Calculate a Case Value Reflecting All Your Damages
Calculating the cost of your case is arguably the most important step your attorney will handle. An attorney’s ability to accurately calculate both economic and non-economic damages is a key reason to hire an attorney.
When the calculation is correct, you can be confident that a settlement or judgment will leave you on solid financial footing moving forward. If the calculation is not accurate—as is too often the case for those who choose not to hire a lawyer—you may face significant financial challenges weeks, months, or years down the road.
Convincing Liable Parties (Generally Meaning Insurance Companies) to Pay You
Securing fair compensation is the goal of any distracted driving accident case. Your attorney will assemble all relevant case materials—including evidence of the distracted driver’s negligence and documentation of your damages—along with their calculation of your case value.
Liable parties may surprise your attorney by offering the compensation you deserve. More likely, your lawyer will face significant resistance as they fight for a fair settlement.
Pursuing Legal Action
There is no guarantee that you will have to sue a distracted driver or other liable parties. If you do decide to sue, though, you can be confident that your lawyer will start the case right away and fight hard for the outcome you deserve.
What Damages Can I Get Money For After a Distracted Driver Hurts Me?
Accident victims often pay a hefty price for others’ negligence, and that price may include the cost of:
- Healthcare
- Lost income
- Lost earning power
- Pain and suffering
- Mental health services
- Vehicle repairs
- Several other economic and non-economic damages
Your lawyer is going to strive to repair the damage done by the distracted driver’s negligence.
Who Pays for a Wreck Caused by a Distracted Driver?
This is one of many questions your attorney will answer for you. Your attorney may obtain compensation from:
- The distracted driver
- The distracted driver’s insurance provider
- Your insurance provider
- One or more other liable parties
Several variables may influence who ultimately pays for your accident-related damages. The distracted driver’s insurance status, the insurance companies’ approach to your case, and the financial value of your damages will all be relevant.
Do Not Wait To Hire An Attorney
If you or a loved one was injured in a distracted driving accident, you should act quickly. Protect yourself and prioritize your recovery by retaining a distracted driving accident lawyer today.