If you get involved in a car accident due to the other driver's fault who was using a cell phone while driving and you get injured, don't just settle for less rather claim for a fair amount of settlement. Here is how you can do this.
Each year, over 27000 people get injured due to a car accident which is caused by using a cell phone while driving. This amount to around twenty-seven percent of the total car accident in the USA. Some of the most serious involves motorcycle accidents. A motorcycle collision with a car results in serious injuries to the motorcyclists. Another serious injury comes from collision between car and a commercial truck or 18-wheeler. A 18 wheel semi
truck accident often causes fatal injuries to car drivers and motorcycle drivers. In personal injury litigation, truck accident lawyer often seen injury victims who were brain dead. Likewise,
motorcycle accident lawyer have injured clients who have many broken bones after a collision with a car.
Even this above-stated figure is under-reported which is a sad reality. Due to the advancement of technology, almost every driver in the United States of America carries a cell phone with him/her.
Unfortunately, the local government is not able to find some way where citizens can be safe from such 18-wheel semi-truck accidents which occur due to cell phones.
It is estimated that on average, each driven in the US is expected to be involved in at least 4 car accidents in his/her life span. Now there are even more chances that at least 1 out 4 of these accidents must occur due to distraction by the use of cell phone.
When you are involved in a motorcycle accident, you have a right to claim compensation for the injuries incurred to you, pain and suffering due to the other driver's fault that he/she was using a cell phone while driving. Here is all you should know about such a situation.
Cell Phones causing Car-Accidents:
Over the period of last ten years, 850 percent increase has been recorded in the accidents which are caused by the usage of cell phone while driving. And the cities and states have failed to enact enough traffic rules to minimize this number.
Over speeding has been the leading cause of motorcycle accidents and accidents caused by distraction are considered as accidents due to drunk driving.
Here are the ways by which a driver can be distracted while driving if he/she uses a cell phone:
Manual Distraction: Driver can take his one or both hand off the steering for finding mobile phone, texting messages or dialing some number.
Cognitive Distraction: In many 18 wheel semi-truck accidents, Even if you are using handsfree cell phone and talking to someone while looking straight on the road can cause and accidents because this is still enough to make to distracted and blind to see what is actually going on in front of you which can be fatal for not yourself only but also for someone else.
Visual Distraction: While driving a 18 wheel semi truck, taking eyes off the road for even a second can lead to a severe car accident because one second is enough to cover a considerable distance and crash the car into some other stopped vehicle of drift off your track into some incoming vehicle.
Even after switching your sight back to the road, your brain would take some time to understand the changes, and this time is not enough to avoid any collision going to happen ahead.
After conducting several studies, the National Safety Council supporting the NSC recommendations to ban cell phone usage on road for semi truck drivers. Almost all of the states have restricted the handheld cell phone usage during car driving that includes texting.
Insurance Claim Filing for compensation:
If 18 wheel semi truck driver causes an accident due to distraction, he/she is liable to compensate for the damages and injuries incurred to victims of the accident. Mostly, an accident victim starts the procedure of compensation claim by filing the claim with the insurance company of the driver.
In an accident there are two types of damages are usually incurred to the victims which are given below:
Personal Damage: Any type of medical, mental or dental injury caused by a motorcycle accident, wages lost due to accident, pain suffered due to accident all are considered as personal damage to the victim.
Property Damage: Any type of damage incurred to the car like the cost to fix the damages or even the whole value of the car if it is totally destroyed, any type of personal items lost or destroyed due to accident are included in property damage.
For property damage, a motorcycle accident claim for the compensation with the insurance company of the other driver.
For many motorcycle accidents in some no-fault insurance state, you must ask your own insurance company for the payment of personal injuries. Med pay and Personal Injury Protection involve the payment required to cover all the expenses due to medical injuries, wages lost and out of pocket expense but the compensation for suffering and pain is not included.
In no-fault cities, you are permitted to claim for the compensation to the other driver if you are severely injured or your PIP limit has been exceeded your expenses.
It is just the first step to claim for the compensation to the insurance company of other driver but then you have to convince the adjuster that it was the fault of the other driver due to which accident occurred otherwise you will have not compensation.
Here are some of the important terminologies used in the claim processing by the insurance company as well as the atto
ey:
• Negligence: Negligence means doing any wrongful and irresponsible action while driving and fail to act in a responsible manner while being on the road. An example of negligence could be driving on the opposite direction of a one-way route/road.
• Liability: Liability literally means the responsibility for something. In this context, the liability implies that the driver is responsible for any kind of loss or damage incurred to the victim in the accident.
• Proximate Cause: Proximate cause means doing some action that can result in some kind of accident which could have avoided by not doing that action.
• Damage: Any kind of personal or property loss of the victim in the accident is termed as damage. It includes expenses on the medical and therapy due to injuries, any type of property loss, expenses due to services for replacement, any out of pocket expense, suffering and pain incurred to the victim due to accident.
• Duty of Care: It means you should be obliged to avoid to cause any damage to others.
Each and every driver has a duty of care while being on the road and when they cause an accident due to distraction by mobile phone, they break this rule of duty of care.
When some driver does not stop at the red sign and crashes into your vehicle, this is termed as negligence and now he/she is liable for the damages incurred to you. If you seriously injured by a 18 wheel truck, a trucking accident lawyer can help you.
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