Fresno Distracted Driver Accidents Lawyer
Distracted driving has become an increasingly dangerous issue on the roads of Fresno, leading to a significant number of accidents each year. If you or a loved one has been harmed by the actions of a distracted driver, understand that help is available. Contacting an experienced Fresno distracted driver accidents lawyer could be your first step toward seeking justice and obtaining compensation for your injuries and losses.
Why Hire Roberts & Spiegel For Your Distracted Driver Accident Case?
With more than two decades of dedicated experience handling accident claims, Roberts & Spiegel is committed to ensuring that clients receive the highest level of representation possible. When you hire our Fresno car accident attorney for your case:
- We bring a wealth of knowledge and a well-established track record to your side - we have recovered millions of dollars for our clients.
- We take care of all expenses upfront, so financial concerns won't prevent you from seeking quality legal representation. We only get paid if you get paid.
- We employ a hands-on approach to every case, meaning your legal matter is directly managed by experienced lawyers rather than case managers or paralegals. We are committed to achieving nothing less than the best possible outcome for you.
For help with a Fresno distracted driver accident case and to ensure that your rights are fully protected, do not hesitate to contact Roberts & Spiegel.
How an Attorney Can Help You With a Distracted Driver Accident Case
In the event of an accident caused by a distracted driver, having an attorney on your side is invaluable. Here's how a skilled will help.
Investigation: Your attorney will meticulously analyze all aspects of your accident, gathering evidence to support your claim and determine liability. This may include police reports, medical records, witness statements, surveillance footage, and anything else that will help prove someone else was responsible for your injury.
Negotiating a Settlement: They will employ their expertise in negotiating with insurance companies to ensure you receive a fair settlement for damages sustained. Insurance companies are often most concerned with their own bottom line and try to limit or avoid payouts altogether. Working with a lawyer will ensure you are on a level playing field and won't get taken advantage of by these large companies.
Reduce Stress: Having an attorney significantly relieves your stress, as they will manage the complex legal procedures while you concentrate on healing.
Trial Representation: If negotiations do not lead to a fair settlement, your lawyer will be prepared and qualified to represent you in court. They will build a solid case for trial aimed at securing compensation that reflects the full extent of your losses and damages.
While it might be tempting to try to handle a distracted driver accident case on your own, it's a wise choice to work with a professional. An attorney brings specialized knowledge and experience that can make all the difference in successfully navigating legal complexities and achieving appropriate compensation for your suffering.
Proving Negligence in a Distracted Driving Accident
Proving negligence in a distracted driving accident centers around establishing that the other driver failed to exercise reasonable care while operating their vehicle, leading to your injury. You'll need to prove the following four elements to succeed:
Duty of Care
You must establish that the driver owed a duty of care to others on the road, which is essentially an obligation to drive responsibly and follow traffic laws. All drivers have this duty, so this is fairly easy to establish.
Breach of Duty
Breaching this duty could involve various forms of distraction, such as using a smartphone while driving or even just talking to passengers in the car.
It'll be your lawyer's job to demonstrate how exactly this breach occurred - for example, by providing evidence like phone records or eye-witness statements that confirm distracted driving behavior.
Next, you must demonstrate that the breach of duty directly resulted in the accident and your subsequent injuries. This requires showing that the other party’s negligence caused the accident – for example, they ran a red light and crashed into you.
Lastly, you have to prove that you suffered actual damages because of the accident. This may include costs for physical injuries or property damage expenses for car repair bills or replacement costs, for example - anything directly stemming from the other party's behavior.
Gathering medical records and bills, invoices for vehicle repair services, and anything else that shows losses is important here.
If you have been the victim of a distracted driving accident, proving negligence is vital to your claim, and an experienced attorney can help you by collecting evidence and presenting a compelling case to insurance companies or in court.
Types of Compensation Available for Victims of Fresno Distracted Driving Accidents
If you’ve been involved in a car accident and are seeking compensation, your attorney will typically pursue:
Economic Damages: This includes easily quantifiable losses such as medical expenses, rehabilitation costs, or lost wages if you're unable to work during recovery periods.
Non-Economic Damages: Non-economic damages recognize the pain and losses you experience that don't have a direct monetary value attached, like pain and suffering and emotional distress.
Punitive Damages: Courts may award punitive damages in rare cases when the defendant's behavior was particularly egregious. The goal is to punish the driver and deter similar behavior in the future.
“In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.”
To fully understand the types of compensation you may be entitled to receive for damages suffered in a distracted driving accident, consult with an experienced Fresno personal injury lawyer who can guide you through the legal process.
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If you have been affected by a distracted driving accident in Fresno, don't navigate this difficult journey alone. Contact Roberts & Spiegel to schedule your free consultation so we can discuss the specifics of your case and outline how we may assist you in securing the compensation you deserve.