In bustling cities like Omaha, car accidents occur often. Many collisions could be prevented if all drivers paid attention to the road.
If you sustained serious injuries in a distracted driving accident in Omaha, you should be able to recover compensation from the at-fault party. A skilled auto accident attorney from Berry Law can meet with you to review the options available to you and your family.
Recovering Damages in an Omaha Distracted Driving Car Collision Claim
If you are involved in a car crash, it is important to know what steps you can take to ensure that you are compensated for your losses. If you believe that another person is liable for causing your injuries, a distracted driving accident lawyer in Omaha, NE, can assist you in determining whether you are entitled to compensation for your damages.
The law allows people injured in accidents to seek compensation for their losses from the negligent driver and their insurance company. These include things like lost wages, pain and suffering, medical expenses, and even funeral costs. You may be eligible to receive financial compensation for the following types of losses:
- Medical care, medical bills
- Lost income due to missed workdays
- Loss of future earnings
- Property damage
- Pain and suffering
- Scarring and Disfigurement
For a free legal consultation with a distracted driving car accidents lawyer serving Omaha, call 402-466-8444
Proving Negligence in a Distracted Driving Claim
Your distracted driver accident lawyer will aim to prove to the court or the insurance company that a distracted driver caused the accident. This is known as proving negligence. Negligence occurs when someone fails to act reasonably under the circumstances.
In some cases, the negligent party may be held legally accountable for his or her actions. For example, if a driver hits your car because they were texting and driving, he or she may be found negligent.
One of your personal injury lawyer’s tasks will be to gather the right evidence for your claim. Some of the evidence might include video from traffic cameras, or cell phone and texting records. The ability to prove that negligence occurred is critical to your case. A distracted driving accident attorney in Omaha, NE, can work to validate your claim.
Omaha Distracted Driving Car Accident Lawyer Near Me 402-466-8444
Negligent Behavior Behind the Wheel
One of the most dangerous activities that leads to collisions is texting while driving. Cell Phone usage causes dangerous accidents because it is an activity that simultaneously causes manual, visual, and cognitive distractions.
If you suspect that the driver who hit you was texting, an attorney may be able to subpoena the driver’s cellphone records from the time of the crash. In addition to texting while driving, some of the other most common distractions are as follows:
- Eating and drinking
- Grooming, such as shaving, putting on makeup, or brushing hair
- Changing the radio station
- Reading a map or using a GPS navigation system
- Talking to passengers in the vehicle
- Dealing with pets or children in the vehicle
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Evidence Is Critical to Your Distracted Driving Case in Omaha
After a crash, our team of seasoned attorneys will perform a detailed investigation to determine whether distracted driving contributed to the crash. Our lawyers have experience handling all types of distracted driving claims. They understand how to investigate crashes involving distracted drivers and help clients recover compensation for their losses.
We will question the drivers, passengers, and eyewitnesses to determine what they observed. We will also review police reports and any other relevant documents. Berry Law will also look for evidence of a distraction inside the car, such as food wrappers, spilled drinks, or pets.
Additionally, we can review any security or traffic camera footage and look at the crash scene for the absence of skid marks and other indications of distracted driving. There is often no evidence of braking or swerving to prevent a crash in accidents involving distracted drivers.
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Types of Distractions that Lead to Collisions
When drivers take their attention away from the road, they are much more likely to cause accidents. There are three types of distractions that typically lead to car crashes—manual, visual, and cognitive.
Manual
A manual distraction occurs when a motorist’s hands are not on the steering wheel. When drivers do not have both their hands on the wheel, their vehicles can veer out of their lane or even off the road. Often, an accident is caused by the driver attempting to regain control of the vehicle, such as through overcorrection that causes the driver to re-enter traffic quickly and erratically.
Visual
A visual distraction is anything that takes a motorist’s eyes off the road. Drivers who do not look at the road could easily hit a car in front of them or a pedestrian entering a crosswalk.
Cognitive
Cognitive distractions cause a driver’s mind to wander. This can occur even if the motorist has his or her hands on the wheel and eyes on the road. Mental distractions can make it difficult to react quickly to prevent accidents.
All licensed drivers have a responsibility to pay attention to the road. When a distracted motorist causes an accident that results in your injuries, that person should be held accountable for your injuries and losses. A dedicated Omaha attorney can aggressively fight for compensation from the responsible party on your behalf.
Common Injuries in Omaha Distracted Driving Accident Claims
Distracted driving crash-related injuries can range from minor scratches to serious head trauma. Common injuries include whiplash, neck pain, back pain, headaches, and memory loss.
Whiplash is one of the most common injuries resulting from a distracted driving accident. Whiplash happens when the body twists violently during a collision. It can cause muscle spasms and soreness. If left untreated, it can sometimes result in long-term difficulties.
Other physical injuries that often result in a distracted driving personal injury claim include:
- Spinal cord injuries
- Broken bones
- Traumatic brain injury
- Loss of Limbs
- Internal organ damage
- Internal bleeding
Accident victims can suffer serious or even catastrophic injuries, resulting in overwhelming medical bills, emotional distress, and months or years of treatment. An auto accident lawyer who is experienced with distracted driving claims can help you to secure fair compensation.
Work with an Omaha Attorney Who Understands Distracted Driving Crashes
If you believe that the at-fault driver who caused your accident was distracted, you deserve justice for your injuries and losses. You should not have to bear the financial consequences of the collision. The insurance company is not going to make it easy.
But if you work with an Omaha distracted driving attorney from Berry Law, we will fight for your rights to get the compensation you deserve. Our personal injury attorneys accept cases on a contingency fee basis, so there is no up front cost to work with us.
The local attorneys at Berry Law have experience handling distracted driving accidents in Omaha. Contact our team today to discuss your options and plan your next steps in a free initial consultation.
Call or text 402-466-8444 or complete a Free Case Evaluation form