While there have been countless warnings about the dangers of distracted driving, every year thousands of people are injured in crashes caused by distracted drivers.
If you have been hit by a distracted driver who was wearing headphones or earbuds, you might be able to recoup compensation for your losses by pursuing a personal injury claim against the other driver.
For a successful personal injury claim, you will need to prove that the other party acted negligently and meet all four elements of negligence.
The four elements are duty, breach of duty, causation, and damages.
The first element is showing the driver has a duty or responsibility. In this case, drivers must obey traffic laws and drive safely.
Next, show that duty was breached. In this case, the driver didn’t pay attention to the road and was focused on his or her earbuds.
Next, show that the headphones or earbuds contributed to or caused the crash, then lastly, show that crash caused your damages.
How to Pursue a Claim After Being Hit by a Distracted Driver Who Was Wearing Headphones
If you have been hit by a distracted driver who was wearing headphones or earbuds, you have suffered financial losses because of the crash. You will need to pursue a personal injury claim to recoup compensation for your damages.
Preparing for your claim starts as soon as the accident happens. Be sure to stay on the accident scene and have an accident report completed by police.
Exchange insurance details with the other driver and get contact information for any witnesses.
There is a statute of limitations for pursuing damages, so be sure to file your claim in a timely manner.
Damages That Might Result From Being Hit By A Distracted Driver Who Was Wearing Headphones
You will suffer various damages from being hit by a distracted driver who had earbuds in.
You will need to maintain documentation to support your claim, so keep medical bills, medical records, proof of missed work and lost wages, and written estimates for repairing damages to your car.
Here are some common damages claimed in a personal injury claim:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damages
- Disability v
- Permanent scarring and disfigurement
- Mental trauma
- Loss of enjoyment of life
- Loss of consortium
Your attorney will help you build a strong case, so you can recover compensation for your losses through your personal injury claim.
Consult with a Personal Injury Attorney
If you have been hit by a distracted driver who was wearing headphones or earbuds, you need to consult with a personal injury lawyer licensed to practice in your state.
Personal injury lawyers work on a contingency basis, so you have nothing to lose. Your attorney will not be compensated until you get a judgment or settlement to cover your damages.
Complete the Free Case Evaluation Form to get your case reviewed by a personal injury attorney today. Remember, time is of the essence, so don’t wait until it is too late to pursue a claim!