Huntsville Distracted Driving Attorney
Distracted Driving Lawyer in Huntsville, AL
Most people in northern Alabama drive cars every day. Whether traveling to and from work, running errands, or traveling on vacation, the automobile is a regular part of our lives. As beautiful and peaceful as it is on our Alabama highways, there can be a lot of dangers.
Distracted driving poses a serious threat to all drivers on the road in Alabama. According to the National Highway Traffic Safety Administration, 3,275 people lost their lives in the United States due to distracted driving behaviors in 2023. If you or a loved one suffered from a distracted driving accident, you may be able to file a personal injury claim. A claim allows you to collect compensation for financial and psychological damages. Contact a Huntsville distracted driving attorney at Conchin, Cole, Jordan & Sherrod to schedule a free case review and learn more about your legal options.
What Counts As A Distracted Driving Case?
If a driver, pedestrian, or cyclist becomes involved in an accident with a texting driver, he or she may collect compensation for any damages if the following elements apply:
- The texting driver owed the victim a duty of care. All motorists owe a duty of care to all parties who share the road.
- He or she violated the duty of care or committed negligence. Since texting and driving is against Alabama law, texting constitutes negligence.
- The driver’s negligence was the direct cause of the victim’s injuries.
- The victim suffered harm as a result, such as medical bills, lost wages, or loss of life quality resulting from the crash.
Victims of texting and driving should contact an attorney as soon as possible to discuss legal recourse. Car accident claims have a statute of limitations of two years, but it’s in a plaintiff’s best interest to get the process started quickly.
Distracted Driving in Alabama
The CDC reports that across the country, approximately 1,000 people are injured every day in auto accidents resulting from distracted driving.
According to a report from the Center for Advanced Public Safety released in June of 2017, there were 391,000 accidents nationwide attributed to distracted driving, accounting for 14% of all crashes and 15% of all injury accidents. Statistics for accidents due to distracted driving were slightly higher for Alabama than the rest of the country. Alabama saw 16 deaths per year due to distracted driving.
However, many people have become so accustomed to driving a car that they can forget how dangerous the road can be. All too often, drivers fail to take the very basic precaution of keeping their attention focused on the road. Despite laws against texting and driving and a nationwide campaign, many people still put their lives in danger. If you or someone you love has been in a distracted driving crash in Huntsville, contact the distracted driving accident lawyers at Conchin, Cole, Jordan & Sherrod for experienced legal counsel.
Proving a Driver Was Texting
One of the most essential elements of a texting and driving case will be proving the driver was texting at the time of the crash. A Huntsville car accident attorney can help establish fault by using one of the following methods to prove negligence:
Talking to eyewitnesses at the scene – If multiple parties saw a driver texting in the moments before the crash, it’s more likely that an insurance company or jury will believe that the defendant committed negligence.
Subpoena of phone records – An attorney can push a phone company to provide phone records that can show a driver sent or received text messages in the time leading up to the crash. This can provide compelling evidence to a jury, but it also requires an attorney’s skill to obtain.
Distracted Driving Laws in Alabama
Many states, including Alabama, have statutes that prohibit distracted driving.
- Alabama passed a statewide texting ban in 2011, which prohibits all drivers from sending, receiving, or typing text messages or e-mail while driving.
- Novice drivers (those aged 16 and 17) cannot use any handheld device while driving a motor vehicle, though Alabama law does not prohibit all cell phone use for those over the age of 18.
Alabama’s distracted driving laws are “primary,” which means a police officer may pull a driver over if they see a driver texting or using a phone. Those who violate the rule receive a $25 fine and two points on their licenses. Second offenders get fined $50, and third offenders $75. However, those who text and drive may also be civilly liable for any damages they cause under state law.
Contact a Huntsville Distracted Driving Attorney Today
The reality is that distracted driving contributes to a large number of auto accidents and injuries every year. Car drivers, as well as drivers of 18-wheelers and other large vehicles, who are guilty of being distracted while driving, cause life-changing consequences. Injuries from car accidents can rack up expensive medical bills, require long rehab, and cause lost wages from time missed at work. These expenses can quickly become insurmountable for the average person.
Even though it seems that a car accident caused by a distracted driver is a very open and shut case, it’s a good idea to contact an attorney. Because of Alabama’s contributory negligence laws, if the insurance company can prove that you’re at fault in any way, they can deny your claim. A personal injury attorney at Conchin, Cole, Jordan & Sherrod can help build your case and ensure that you receive the maximum compensation. Submit a form or call for a free consultation.