In bustling cities like Omaha, car accidents occur often. Many collisions could have been prevented if the drivers involved had paid better attention to the road and their driving. Each year, our state reports thousands of accidents caused by distracted driving.
If you were injured or a loved one was killed in a crash with an inattentive driver, an Omaha distracted driving accident lawyer at Berry Law might be able to help you through this difficult time.
If you sustained serious injuries, or you lost a family member in a distracted driving accident in Omaha, you may be eligible to recover compensation from the at-fault party. One of the Omaha car accident lawyers at Berry Law can meet with you to review the options available to you and your family during a free consultation.
What Damages Can You Recover From an Omaha Distracted Driving 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 and which losses you can recoup.
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.
Specifically, 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
Proving Negligence in a Distracted Driving Claim
The main responsibility of your distracted driver accident lawyer is to prove to the court or the insurance company that the other, 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 their actions. For example, if a driver hits your car because they were texting and driving, they may be found negligent.
A personal injury lawyer at Berry Law can gather the necessary evidence for your claim. Some of the evidence might include video footage from traffic cameras, or the other driver’s cell phone and texting records. The ability to prove that negligence occurred is critical to your case.
Our distracted driving accident lawyers in Omaha, NE, can work to validate your claim, build a solid legal case, and advocate for your rights throughout the claim and litigation processes as needed.
What are the Most Common Negligent Behaviors 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, a texting while driving car accident attorney may be able to subpoena the driver’s cellphone records from the time of the crash. In addition to cell phone use, some of the other most common distractions include:
- 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
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Gathering Evidence Is Critical to Your Distracted Driving Case in Omaha
After a crash, our team of dedicated car collision lawyers will perform a detailed investigation to determine whether distracted driving contributed to your crash. Our lawyers have experience handling all types of distracted driving claims. We understand how to investigate crashes involving distracted drivers and help clients recover the maximum amount of compensation possible 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. The professional team at 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, and we know how to interpret the lack of evidence in these cases.
What Types of Distractions Can 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.
A manual distraction occurs when a motorist’s hands are not on the steering wheel. When a driver does not have both hands on the wheel, their vehicle 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 and swerving that causes the driver to re-enter traffic quickly and erratically.
A visual distraction is anything that takes a motorist’s eyes off the road. Drivers who are not looking at the road for even a short period of time could easily hit a car in front of them or a pedestrian entering a crosswalk.
Cognitive distractions cause a driver’s mind to wander. This can occur even if the motorist has their hands on the wheel and eyes on the road. Mental distractions can make it difficult to react quickly to prevent an accident.
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 financial losses. A dedicated Omaha personal injury attorney at Berry Law can aggressively fight for the compensation you deserve from the responsible party.
Common Injuries Our Omaha Distracted Driving Accident Lawyers Handle
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 because many distracted driving accidents involve rear-end collisions. Whiplash happens when the body moves violently during a collision, causing the head to snap back and forth. It can cause only muscle spasms and soreness, but if left untreated, it can sometimes result in long-term difficulties.
Other physical injuries that are often lead to 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. Sadly, many people die from distracted driving accidents each year, leaving family members with medical and funeral expenses along with lost income and companionship.
An auto accident lawyer who is experienced with distracted driving claims can help you to secure fair compensation from the responsible party including wrongful death benefits if appropriate.
The Omaha Distracted Driving Accident Lawyers at Berry Law Can Help
If you believe that the driver who caused your accident was driving distracted, you deserve justice for your injuries and losses. You should not have to bear the financial consequences of the collision. And the insurance company is not going to make it easy for you to collect your losses.
But if you work with an Omaha distracted driving attorney at Berry Law, we will fight for your rights to recover the compensation you deserve. Our personal injury attorneys accept cases on a contingency fee basis, so there is no upfront cost to work with us.
The local attorneys at Berry Law have extensive experience handling distracted driving accidents in Omaha. Contact our team today to discuss your options and start protecting your legal rights with a free initial consultation.