Filing a Claim for Injuries Caused by Distracted Drivers in Mobile

What Rights Do Distracted Driving Accident Victims Have in Mobile?

The streets of Mobile can be a busy mix of motorists, cyclists, and pedestrians. With commuters rushing to work and families exploring the Gulf Coast, the roads are often bustling with activity. Not every driver behind the wheel is focused on operating the vehicle. Distracted driving is a growing problem that can have serious consequences. If you or your loved one has been injured in an accident caused by a distracted driver, you can seek compensation for your losses.

What Is Distracted Driving?

Distracted driving is defined by the National Highway Traffic Safety Administration (NHTSA) as any activity that diverts attention away from driving. It includes texting or talking on a phone, eating, drinking, conversing with passengers, grooming or adjusting a stereo, entertainment, or navigation systems. Driver distraction can take any combination of the following three forms:

• Manual distraction: This occurs when the driver takes their hands off the wheel, for example, to pick up a dropped item, to adjust the radio, or to eat or drink.
• Visual distraction: Anything that takes the driver’s eyes off the road ahead is a visual distraction, such as looking at a GPS screen, turning to check on passengers, or reading a text message.
• Cognitive distraction: This involves losing mental focus on driving. These distractions include talking on the phone, even with a hands-free system, daydreaming, conversations with passengers, or dealing with emotional stress while driving.

How Serious Is the Problem of Distracted Driving Today?

In 2022, a total of 3,308 people were killed by distracted driving on U.S. roadways, as reported by NHTSA. In Alabama alone, as stated by the Department of Transportation (ALDOT), 67 traffic fatalities were associated with distracted driving in 2022. According to a study conducted by the Pew Research Center, many Americans perceive a rise in dangerous driving on U.S. roadways and driving while distracted by a cell phone is at the top of the list of unsafe behaviors. Of study participants, 78% see cell phone driver distraction as a significant problem in their communities.

What Should You Do After a Distracted Driving Accident in Mobile?

Your actions immediately after a crash can impact on your ability to file a successful claim. Do the following after a distracted driving accident:

• Check everyone involved for injuries and move to a safe location if possible.
• Report the accident to the police. A police report documents critical details about the crash.
• Take photos of the accident scene, including vehicle damage and visible injuries. Get contact information for any witnesses. Note anything like a cell phone in the driver’s seat that suggests distracted driving.
• Exchange information with the other driver.
• Avoid admitting any degree of fault. Simply state the facts when speaking with law enforcement or insurance companies.
• Get medical attention, even if your injuries seem minor, to protect your health and to document your injuries.
• Consult with an experienced personal injury attorney before speaking with insurance adjusters or signing anything.

What Compensation Is Available to Distracted Driving Victims in Alabama?

A distracted driving accident victim is entitled to file a claim against the distracted driver with the goal of recovering damages. In Alabama, injury victims may seek compensation for both economic and non-economic losses. Depending on the nature and severity of your injuries and the specific circumstances of your case, damages in a distracted driving accident claim may include the following:

• Past and future medical expenses
• Lost wages or earnings
• Loss of earning capacity
• Property damage
• Pain and suffering
• Emotional distress

What Must You Prove to Succeed in a Claim for Injuries Caused by a Distracted Driver?

To prevail in a claim against a distracted driver, you will need to prove that the other driver was distracted at the time of the crash and that the distracted driver’s negligence caused your injuries. Evidence plays a crucial role in building a strong case. Our legal team can thoroughly investigate the accident and gather evidence, which may include the following:

• Photos of the accident scene
• Police reports
• Eyewitness testimony
• Dashcam or traffic camera footage
• Cell phone records
• Accident reconstruction reports

What Are the Challenges of Distracted Driving Injury Claims in Mobile?

Alabama is one of the few states that follows a contributory negligence doctrine. A victim who bears even 1% of the fault for an accident is barred from recovering compensation. Insurance companies may try to assign 1% more of the fault to the victim to minimize their payouts. These companies have significant resources, including attorneys, investigators, and adjusters, who work to help the company avoid paying out compensation. In addition, proving distraction is not always straightforward. While texting or talking on a cell phone leaves an electronic trail, other forms of driver distraction, such as eating or daydreaming, may be more challenging to verify. Having an experienced local attorney on your side can give you a distinct advantage in building a strong case.

Why Choose Us?

At Lattof & Lattof, P.C., we are a small, personal firm representing injury victims for over 70 years. Our seasoned car accident lawyers are hands-on, with empathy for our clients. You may speak directly to your attorney—we do not have paralegals handle the work. If you have been injured in a car accident caused by a distracted driver in Mobile, call us at 251-850-5528 to schedule a free consultation. We can tell you if you have a case and what damages you may be entitled to claim.