Orem Distracted Driving Accident Lawyer

Distracted driving is one of the leading causes of accidents on the road. Every year, thousands of people are injured or killed in distracted driving accidents.

In Orem, Utah, this problem is no different. If you or a loved one has been involved in a distracted driving accident, hiring an experienced Orem distracted driving accident lawyer can help you navigate the complex legal process and secure the compensation you deserve.

Let Valley Law Accident and Injury Lawyers show you the importance of our professionals in these cases and how they can help you after a crash.

Why You Need an Orem Distracted Driving Accident Lawyer

Hiring an Orem distracted driving accident lawyer is essential for anyone involved in a distracted driving crash. Lawyers specializing in these cases have the expertise needed to represent victims and ensure they receive fair compensation.

Here’s why an experienced lawyer is crucial:

• Legal Expertise: Distracted driving accidents often involve complex legal issues, including proving negligence and establishing liability. A lawyer will know how to navigate these legal challenges.
• Evidence Collection: Gathering evidence, such as phone records, accident reports, and witness testimonies, is critical to proving the other driver was distracted. A lawyer can help secure this evidence quickly before it disappears.
• Negotiating with Insurance Companies: Insurance companies may try to offer a low settlement, hoping that victims will accept less than they deserve. An experienced lawyer will handle negotiations and ensure that the insurance company provides a fair offer.
• Maximizing Compensation: A lawyer can help you pursue compensation for medical bills, lost wages, pain and suffering, property damage, and more. They will work to ensure that you receive the full amount of compensation to cover your losses.

How to Choose the Right Lawyer

When choosing a distracted driving accident lawyer in Orem, there are a few key factors to consider:

• Experience: Look for a lawyer who specializes in personal injury and has experience handling distracted driving cases.
• Track Record: Check the lawyer’s success rate in winning cases and securing fair compensation for their clients.
• Communication Skills: You want a lawyer who communicates clearly and regularly keeps you updated about your case’s progress.
• Consultation: Most lawyers offer a free consultation where they can assess your case. Use this opportunity to ask questions and gauge whether the lawyer is a good fit for your needs.

What Is Distracted Driving?

Distracted driving occurs when a driver’s attention is diverted from the road due to activities such as texting, talking on the phone, eating, or other distractions. There are three main types of distractions:

Visual Distractions

Visual distractions occur when your eyes are off the road. Common examples include looking at your phone, checking a GPS device, or turning to look at passengers or scenery.

Even a few seconds of looking away from the road can cause you to miss hazards, such as a sudden stop by another vehicle or a pedestrian crossing.

Manual Distractions

Manual distractions involve taking your hands off the wheel. Examples include eating or drinking, adjusting the radio or climate controls, or reaching for items inside the car.

Without both hands on the wheel, your ability to control the vehicle is reduced, increasing the risk of losing control.

Cognitive Distractions

These happen when your mind is not focused on driving. Examples include daydreaming, being lost in thought, engaging in intense conversations with passengers or on the phone (even hands-free), or dealing with stress, fatigue, or emotional distress.

A distracted mind reduces reaction times and awareness, making it harder to respond to road conditions or unexpected situations.

Multiple Categories

Many distractions fall into multiple categories, which makes them especially dangerous. For example, texting while driving is a visual distraction (looking at the phone), a manual distraction (typing), and a cognitive distraction (thinking about the message).

These combined distractions significantly increase the risk of an accident.

To stay focused and avoid distractions, drivers can take simple steps. Keep your phone out of reach or on silent mode, prepare vehicle settings before driving, and avoid eating, drinking, or multitasking while behind the wheel.

Staying mentally alert by resting before driving and avoiding emotional conversations can also help. By recognizing and addressing these distractions, drivers can maintain their focus and contribute to safer roads for everyone.

The Consequences of Distracted Driving Accidents

The consequences of distracted driving accidents can be severe. In Orem and across Utah, distracted driving accidents result in thousands of injuries and fatalities each year.

Injuries range from minor cuts and bruises to severe cases like broken bones, traumatic brain injuries, spinal cord injuries, and even death.

Beyond the physical harm, victims of distracted driving accidents often face significant financial strain. Medical bills, lost wages, and other expenses can add up quickly, leaving victims overwhelmed and stressed.

In many cases, the driver responsible for the accident may not be willing to take full responsibility, making it difficult for victims to recover damages on their own.

Recoverable Damages in a Distracted Driving Accident Case

Distracted driving accidents can lead to serious injuries, financial loss, and emotional trauma. If you are involved in such an accident caused by another driver’s negligence, you may be entitled to recover various types of damages.

These damages are typically categorized into economic, non-economic, and, in some cases, punitive damages. Below is a breakdown of these recoverable damages:

Economic Damages

Economic damages are measurable, tangible losses resulting from the accident. These include:

• Medical Expenses: Compensation for all past, present, and future medical bills related to injuries caused by the accident. This can include hospital stays, surgeries, physical therapy, prescription medications, and assistive devices like wheelchairs.
• Lost Wages: Reimbursement for income lost due to missed work while recovering from injuries. This also covers reduced earning capacity if the injuries limit your ability to work in the future.
• Property Damage: The cost of repairing or replacing your vehicle and any other property damaged in the accident.
• Other Out-of-Pocket Costs: This includes transportation to medical appointments, home modifications for disabilities, or childcare expenses incurred due to the accident.

Non-Economic Damages

Non-economic damages compensate for intangible losses that are harder to quantify but significantly impact the victim’s life. These may include:

• Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident and injuries.
• Emotional Distress: Damages for mental health conditions such as anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the accident.
• Loss of Enjoyment of Life: If the injuries prevent you from participating in activities or hobbies you once enjoyed, you may receive compensation for this loss.
• Loss of Consortium: This applies to spouses or family members who suffer a loss of companionship or support due to the victim’s injuries.

Punitive Damages

In cases where the distracted driver’s behavior was particularly reckless or egregious, the court may award punitive damages. These are designed to punish the wrongdoer and deter similar behavior in the future.

For example, if the driver was texting or using social media while driving, this may be considered gross negligence, warranting punitive damages.

Avenues of Compensation in Orem

If you are involved in a distracted driving accident in Orem, understanding your avenues of compensation is crucial to recovering your losses. Utah’s legal framework offers several ways to seek financial relief, depending on the specifics of your case.

Here are three key avenues:

Personal Injury Protection

Utah is a no-fault state, meaning your first recourse after an accident is typically your own Personal Injury Protection (PIP) insurance. PIP coverage is mandatory in Utah and is designed to cover immediate expenses, regardless of who is at fault.

While PIP is helpful for minor injuries and expenses, it may not be sufficient for more severe accidents. In such cases, you may need to explore other compensation options.

Liability Insurance

If the damages exceed your PIP coverage, you can file a claim against the at-fault driver’s liability insurance. Utah law requires drivers to carry a minimum of:

• $25,000 for bodily injury per person.
• $65,000 for bodily injury per accident.
• $15,000 for property damage.

It’s important to understand Utah’s modified comparative negligence rule when pursuing a claim. Under this rule:

• You can recover damages if you are less than 50% at fault for the accident.
• Your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $100,000, you can recover $80,000.

Insurance companies may attempt to shift blame onto you to reduce their payout, which makes having an experienced Orem personal injury lawyer critical to protecting your rights.

Filing a Lawsuit

If PIP and liability insurance do not fully cover your losses, or if the insurance company denies your claim, filing a lawsuit may be necessary. A lawsuit is often a last resort, but it can be essential for ensuring you receive fair compensation, especially if the at-fault driver’s insurance limits are insufficient.

The Statute of Limitations in Orem, Utah

If you have been involved in a distracted driving accident in Orem, understanding the statute of limitations is crucial to protecting your legal rights. The statute of limitations is the legal deadline by which you must file a claim or lawsuit.

Failing to act within this time frame may prevent you from recovering any compensation, regardless of the strength of your case.

• Personal Injury: In Utah, the statute of limitations for personal injury claims, including distracted driving accidents, is four years from the date of the accident. This means you must file your lawsuit within four years to preserve your right to seek compensation for damages such as medical expenses, lost wages, and pain and suffering.
• Property Damage Claims: If your claim is limited to property damage, such as repairs or replacement of your vehicle, Utah law allows up to three years to file a lawsuit.
• Exceptions to the Statute of Limitations: While the general rule is a four-year deadline, certain exceptions may alter this time frame:
  • Claims Involving Minors: If the victim is a minor, the statute of limitations may be extended. In most cases, the clock does not begin until the minor turns 18.
  • Discovery of Injuries: If injuries from the accident are not immediately apparent, the statute of limitations may begin when the injury is discovered or reasonably should have been discovered.
  • Claims Against Government Entities: If your accident involves a government vehicle or employee, you must file a formal notice of claim within one year, and the timeline for filing a lawsuit may differ.

Although four years may seem like ample time, it is in your best interest to act quickly. Gathering evidence, interviewing witnesses, and building a strong case become more challenging as time passes.

Additionally, waiting too long can weaken your position when negotiating with insurance companies.

Steps to Take After a Distracted Driving Accident in Orem

If you are involved in a distracted driving accident, it’s important to act quickly to protect your rights:

• Seek Medical Attention: Always prioritize your health and safety. Even if injuries seem minor, it’s important to get checked by a doctor after an accident.
• Contact the Police: Report the accident to the police, as they will file an official report that may include important details about the crash.
• Gather Information: Exchange contact and insurance information with the other driver(s) and try to collect contact details from any witnesses to the accident.
• Consult with a Lawyer: Reach out to an experienced Orem distracted driving accident lawyer. They can help you understand your legal options and begin the process of filing a claim.

Call Valley Law When You Need an Orem Distracted Driving Accident Law Firm

If you or a loved one has been injured in a distracted driving accident in Orem, seeking the help of an experienced lawyer is essential. Our car accident attorneys at Valley Law Accident and Injury Lawyers can help you navigate the legal system, gather evidence, negotiate with insurance companies, and ensure you receive the compensation you deserve.

Don’t wait—contact us today for a consultation and take the first step toward securing the justice you deserve. Call us at (801) 810-9999.