Alabama Distracted Driving Accident Attorneys
Too many people today try to multi-task while they drive. They talk on their phone, send or read texts or focus on their children or pets in the back seat instead of the road ahead of them. As a result, they can cause accidents, injuries and deaths.
About Our Distracted Driving Accident Lawyers
At Serious Injury Law Group, we have no tolerance for these careless and reckless individuals. If a distracted driver hurt you in a car accident, you can count on us to protect your rights and pursue all compensation that you are due.
We are experienced trial lawyers who know how to take on the big insurance companies – and we always fight to win. With offices throughout Alabama, including Birmingham, Montgomery, Mobile and Lowndes County, we make it easy for you to get the help you deserve at a time when you need it the most. Contact us today to schedule a completely confidential and free consultation.
What Is Distracted Driving?
Many distracted driving accident cases involve drivers who use their cell phones to talk or text with others when behind the wheel. But distracted driving is about more than cell phones. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving occurs when a driver allows anything to take his or her attention off the road and away from the “primary tasks” involved in safe driving. Examples include:
- Talking to passengers
- Eating, drinking, smoking or vaping
- Operating vehicle controls or radios
- Handling pets
- Staring at something outside of the vehicle.
Types of Distracted Driving
The NHTSA breaks these distractions into three main categories:
- Manual – Distractions that take your hands away from driving, like fidgeting with a radio or reaching for an object.
- Visual – Anything that takes your eyes away from driving such as looking at a text message or turning around to face a passenger or deal with a pet in the backseat. The NHTSA reports that you take your eyes off the road for about five seconds when you send or read a text. If you are going 55 mph, you can travel the length of a football field in that span of time.
- Cognitive – Anything that takes your mind away from driving, including talking on the phone, trying to read a text message or trying to have a conversation with a passenger.
The more ways a driver is distracted, the more of an impact the distraction will have. This is why texting is so dangerous – it affects all three categories.
Distracted Driving is Considered Negligence
We owe each other a duty to exercise reasonable care when we operate our vehicles on the road. If a person gets distracted and stops being focused on the task at hand, he or she puts others in jeopardy and fails to fulfill that duty. This goes to the heart of what it means to be negligent. In addition to being negligent, using a hand-held device while driving is illegal. Alabama has primary enforcement of cell phone laws.
This means that the police can pull someone over and ticket them for texting and driving. If someone is texting and causes a crash that harms you or a loved one, you could use evidence of the driver’s violation to establish negligence as a matter of law.
Gathering Evidence and Proving Distracted Driving
When you trust your case to the experienced litigation attorneys of Serious Injury Law Group, we will immediately start the fact-finding process. This means that we will carefully investigate the facts and surrounding events that led to your crash. Evidence that can reveal whether the other driver was texting or otherwise distracted may include:
- A lack of any brake or skid marks
- A phone found in the front seat or on the floor board
- Food or drink spilled in the driver’s lap or seat
- Recent cell phone or social media activity at the time of the crash
- Witness statements.
At Serious Injury Law Group, we work closely with trained investigators and consult with highly skilled crash reconstruction experts to maximize our bargaining position on behalf of our clients. After all, the better we prepare our evidence in the early stages of the case, the more leverage we will have later on when we seek a settlement or take your case to trial.
Statute of Limitations for Distracted Driving Accidents in Alabama
Alabama law limits the time you have to bring a lawsuit for your injuries after a car accident. So, the faster you call a lawyer, the sooner your attorney can begin to investigate and put together a strong case to present to the insurance company or a jury. If you wait too long, you could lose your right to recover the compensation you are due.
In Alabama, you have only two years from the date of the crash to file a lawsuit against the at-fault driver. If someone you love dies in an Alabama distracted driving wreck, you have just two years from the date of the death to bring an action for wrongful death.
Two years may seem like plenty of time. However, it takes time to gather evidence and prepare a case for filing. Challenges may also arise during the process. For instance, the driver’s cell phone company may try to make it difficult to turn over the driver’s phone records. You want to ensure that your lawyer will have time to tackle those challenges.
Contact Our Distracted Driving Accident Attorneys
Do not delay and take any chances with your right to recover full compensation for your injuries, including compensation for your medical bills, lost income, pain, suffering and more. We will represent you on a contingency fee basis. This means that you will pay nothing for our legal services unless we secure a verdict or settlement that benefits you.
To learn more, contact Serious Injury Law Group today to schedule a free consultation about your distracted driving accident case through our offices in Birmingham, Montgomery, Mobile or Lowndes County. We will meet with you right away.