Boulder Distracted Driving Accident Attorney
Distracted driving: most people know exactly how dangerous it is. Unfortunately, that hasn't stopped numerous victims from being injured as a result of another driver's negligence. Distraction behind the wheel can come from a number of sources: most commonly, texting or operating a smartphone while driving, but also poor habits like dealing with kids arguing in the back seat, putting on makeup, or engaging in any behavior other than driving while behind the wheel. In the blink of an eye, conditions on the road can change—and now you may be living with injuries as a result of another driver’s distraction.
If you were injured in a distracted driving accident, get the legal help you need to navigate your claim. Contact a Boulder car accident lawyer at Tenge Law Firm, LLC today at (303) 665-2929 to schedule your free consultation, and learn more about how we can help you.
At Tenge Law Firm, LLC, we have extensive experience in personal injury cases, including distracted driving cases. In many cases, we've been able to collect compensation in the millions of dollars for significant personal injuries resulting from distracted driving cases. While it’s not possible to guarantee an outcome for any particular case, our goal nonetheless is to pursue the maximum possible compensation for our clients in the shortest amount of time possible. Whether your distracted driving accident required only short-term medical care and limited time off work, or you are a facing a long-term treatment plan or permanent disability due to your injuries, we want to help ensure you are made whole—and our dedicated team of personal injury lawyers can help provide you with the legal assistance you need.
Distracted driving injuries occur when a distracted driver, whether one who is texting and driving or one who is engaging in other distracting behaviors behind the wheel, causes an accident. This accident can involve the distracted driver and another car, or multiple cars, pedestrians, or cyclists. Distracted driving injuries may include:
- Spinal cord trauma
- Broken bones
- Strains and sprains
- Traumatic brain injury
- Internal bleeding
- Organ damage
In the case of distracted driving injuries, the driver who was distracted at the time of the accident and whose behavior led to the accident and injuries should be considered at fault for the accident. That doesn't mean, however, that the distracted driver will always be 100 percent liable for the accident and associated injuries. In some cases, a percentage of responsibility may be assigned to other drivers or parties; for example, a driver who was distracted behind the wheel might strike a pedestrian who chose not to cross at a crosswalk, leading to significant injuries. In this case, the pedestrian might reasonably be ruled partially at fault for their injuries. Working with a lawyer is the most effective way to determine who is at fault for distracted driving injuries and ensure that appropriate compensation is received from the appropriate party.
After a distracted driving accident, there are several types of damages that can often be recovered depending on the injuries sustained. These include:
Compensation for necessary medical care: Following a distracted driving accident, significant medical care may be necessary. Payment for that medical care often falls under a damages claim. This includes ongoing physical therapy, anticipated future medical expenses related to the accident, and other common medical expenses.
Compensation for lost wages and earning potential: After a distracted driving accident, it may not be possible to immediately return to work—and in some cases, earning potential may be permanently impacted by the extent of the injuries. In this case, compensation for lost wages and lost earning potential can be included in the damages recovered.
Compensation for pain and suffering: Unlike medical expenses and lost wages, pain and suffering can be difficult to attach to a monetary amount. This aspect of the settlement, however, is just as important, and can lead to significant recovery depending on the circumstances.
Funeral and burial expenses: If distracted driving led to the death of anyone involved in the accident, survivors may receive compensation for funeral and burial expenses, in addition to damages plead for wrongful death.
Proving that a driver was distracted at the time of the accident can be difficult, especially without images or video of the accident itself. Many cases rely on witness testimony, which can often be unreliable. The primary defense in distracted driving cases is often to attempt to prove that the driver was not distracted at the time of the accident; alternately, defendants may attempt to shift blame for the accident to the plaintiff, which can help reduce legal consequences and decrease or eliminate the penalties the driver could experience as a result of the accident.
Insurance companies may also try to reduce the amount of the settlement you might receive by making a low settlement offer in the initial days following the accident. In this case, working with a lawyer is the most effective way to ensure that you don't sign a low settlement offer that will prevent you from getting the funds you need to pay for recovery from your injuries.
When you're injured in a distracted driving accident, the last thing you want to worry about is an additional expense for an attorney. When you contact Tenge Law Firm, LLC, we'll set up a free consultation to discuss your accident, and any settlement offers you may have received. In many cases, we may be able to take your case on a contingent fee basis: this means our fees are calculated only as a portion of any settlement or judgment obtained, and we don't get paid until you do.
After a distracted driving accident, you need a competent legal team that will be at your side whether you're settling out of court or presenting a case before a jury. Contact the Tenge Law Firm, LLC online today or call our office at (303) 665-2929 to set up your free consultation or to learn more about how we can help you.
- How Distracted Are You, Colorado?
- The Effects of Cognitive Distraction on Driving
- Distracted Driving - IIHS
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