Being involved in a car accident is a jarring and often devastating experience, especially when the cause is something as preventable as distracted driving. For victims, the aftermath can be particularly challenging. It's filled with physical pain, emotional distress, and financial burdens. We understand the overwhelming nature of this time, and we're here to offer clarity, empathy, and a path forward.
Distracted driving is a significant and growing problem on the roads. It encompasses any activity that diverts a driver's attention from the primary task of driving, including using a cell phone, eating, grooming, or even engaging in intense conversations. In Missouri, the new Siddens Bening Hands-Free Law makes it illegal for drivers to hold or support a cell phone or electronic communication device while driving. This law is a crucial step towards safer roads, as statistics show that distracted driving has been a leading cause of crashes in our state. There were hundreds of fatalities and tens of thousands of injuries over the past decade.
The Realities of Distracted Driving Accidents
When a driver chooses to engage in distracted behavior, they are not only breaking the law but are also demonstrating a profound disregard for the safety of others. Their momentary lapse in judgment can lead to catastrophic consequences for innocent individuals. Victims often face:
Serious Injuries: From whiplash and concussions to broken bones, spinal cord injuries, and traumatic brain injuries, the physical toll can be immense and long-lasting.
Mounting Medical Bills: Emergency room visits, surgeries, rehabilitation, medications, and ongoing therapy can quickly lead to overwhelming medical debt.
Lost Wages and Earning Capacity: Injuries can prevent you from working, causing a significant loss of income, and in severe cases, permanently impacting your ability to earn a living.
Pain and Suffering: Beyond the physical pain, victims often experience emotional distress, anxiety, depression, and a diminished quality of life.
Property Damage: The cost of repairing or replacing your vehicle adds another layer of financial stress.
Your Rights as a Car Accident Victim in Missouri
If you've been injured in an accident caused by a distracted driver in Missouri, it's critical to understand that you have legal rights. Missouri operates under an "at-fault" insurance system, meaning the responsible party (or their insurance company) is obligated to compensate you for your damages. You have the right to seek compensation for:
Medical expenses (past and future)
Lost wages and loss of earning capacity
Pain and suffering
Property damage
Other related expenses
However, securing the compensation you deserve can be a complex process. Insurance companies are often motivated to minimize payouts, and they may employ tactics to reduce your claim. They might try to argue you were partially at fault or offer a quick, lowball settlement before you fully understand the extent of your injuries and losses.
What to Do After a Distracted Driving Accident
Your actions immediately following an accident are crucial for protecting your rights:
Ensure Safety and Seek Medical Attention: Your health is paramount. Move to a safe location if possible, and always seek medical evaluation, even if your injuries seem minor. Some serious injuries may not manifest immediately.
Contact Law Enforcement: A police report creates an official record of the accident and can be invaluable in establishing fault.
Gather Evidence at the Scene: If you can safely do so, take photos of vehicle damage, the accident scene, and any visible injuries. Exchange information with the other driver and gather contact details from any witnesses.
Document Everything: Keep meticulous records of all medical appointments, treatments, medications, lost wages, and any other accident-related expenses.
Do Not Speak to Insurance Companies Alone: Be cautious about providing statements or signing anything without consulting legal counsel.
Proving distracted driving can be challenging, as drivers rarely admit fault. However, evidence such as cell phone records, eyewitness statements, surveillance footage, and accident reconstruction can be critical in establishing negligence.
Reclaiming Your Future With St. Louis Fatal Car Accident Attorneys
The path to recovery after a distracted driving accident can feel daunting, but you don't have to walk it alone. You deserve justice and full compensation for the harm you've suffered. Having an experienced legal team by your side can make all the difference, handling the complexities of the legal system while you focus on healing.
Kolker Law Firm is here to help. Our compassionate and authoritative legal professionals are dedicated to protecting your rights and fighting for the compensation you deserve. We understand the nuances of Missouri personal injury law and have a proven track record of helping accident victims navigate these challenging times. Let us shoulder the legal burden so you can focus on your recovery.
Contact us at (314) 684-8285 today for a free consultation.