Proving the Driver Who Hit You Was Texting
In today’s age, cell phones have quickly become a necessity. Each year, hundreds of thousands of people are injured in accidents in which distracted driving was present. When a person looks down at their phone to answer an email or respond to a text message, they take their eyes away from the most important task of all, driving. Although states attempt to reduce the number of driver’s using their phones by putting laws in place; people are still giving in to temptation. If you have been the victim of an accident, an auto accident lawyer in Charlottesville, Virginia can help, especially when it comes to proving that the driver was texting when they caused the accident.
Proving the Driver was Texting
Texting and driving is incredibly dangerous. Unfortunately, despite its risks, many drivers still engage in this type of behavior when behind the wheel. Have you ever been driving and spotted someone driving too slow or weaving in an out of their lane? You may have suspected they were texting. Despite this, you may have not know for sure whether this was truly to be the case.
If you have been the victim of a car accident, there may be a number of ways to prove that the driver was using their cell phone at the time of the accident. Accessing the representation and guidance of a Charlottesville, VA auto accident lawyer can be incredibly helpful when it comes to this. They may play a key role in helping to gather this key information to build a strong case.
- Checking cell phone records
- Speaking with eyewitnesses
- Reviewing the police report
- Speaking with the driver to ask what happened
- Reviewing video footage from the crash (if available)
For accident victims, the idea of gathering this type of information can seem daunting, especially when recovering from an injury. With a Charlottesville, VA auto accident lawyer by your side, the process may not feel as overwhelming. Not only will an attorney know exactly what will be needed to prove the driver was texting, they will also know which information will be key to help prove your case. This can help alleviate a lot of stress for an accident victim, allowing them to focus on their recovery.
In order to have a successful car accident case on your hands, you and your Charlottesville, VA auto accident lawyer will be charged with proving that the driver was negligent. When a driver is found to be negligent, they may be held liable for the accident. In cases involving a driver who was texting and driving, their behavior almost always constitutes as negligence. This is because when a person is distracted and behind the wheel of a vehicle, their ability to operate a car may be severely limited. This may result in their inability to have control of the vehicle. Proving negligence must incorporate the following key elements in order to have a successful case:
- Duty of care
- Breach in the duty of care
As the victim of a car accident, proving negligence will be key to obtaining the compensation you may be entitled to. An attorney may play an important role to helping you obtain compensation so that you may receive relief from the financial pressures you are under as a result of the car accident.
How to Calculate the Value of a Car Case
Personal injury cases include several different types of lawsuits. For example, slip and fall lawsuits and car accident claims are both types of lawsuits that may fall under the umbrella of personal injury cases. The types of damages that you may be able to collect are economic and non-economic. Here is what you need to know about calculating the value of your car accident case. Bare in mind that you should consult an auto accident lawyer in Charlottesville, VA for personalized advice.
General and Special Damages
General damages are difficult to calculate. These damages include pain and suffering, emotional distress and the effects of your injuries. Special damages, on the other hand, are losses that stem from your accident. This includes your bills, missed work, out-of-pocket costs or property damage. As an auto accident lawyer in Charlottesville, VA might explain, compensation may be available for these costs.
How to Calculate Pain and Suffering
Pain and suffering is difficult to quantify. When calculating the settlement, you may use the multiplier or per diem method. The multiplier method takes medical expenses of the past and future and multiplies them by anywhere from one and a half to five. The per diem method, on the other hand, takes the days of pain and multiples it by a daily rate to come up with a result. The method used to calculate your losses will largely depend on the circumstances of your case. This can be further explained by an auto accident lawyer in Charlottesville, VA.
The most difficult part of the per diem method is justifying why you chose the daily rate that you did. You want to make sure that you choose a daily rate that seems reasonable. The idea behind this formula is to show that the pain that your injuries or the accident causes you is comparable to the effort that you would need to put in to go to work each day.
In many cases, an auto accident lawyer in Charlottesville, VA will use both methods and then use that range to make your demands. There is a chance you will get different numbers. This will be fine, because you still have to go through negotiations. You always start at the highest end of your settlement range and work backwards.
When it comes to negotiating your car accident case, it’s important that you have an idea of what you deserve. The entire process behind choosing the value of a personal injury case is complicated. You want to make sure that you negotiate a settlement that is fair to you and also reasonable. If you make too large of a demand, you may not reach a settlement, whereas if you ask for too little, you may be cheated out of what you deserve.
It is very important to understand that only after you consult an auto accident lawyer in Charlottesville, VA can you determine what the value of your case may be.
Have You Been Injured Due to the Negligent Actions of Another Driver?
Although there are some situations where unavoidable accidents do happen, in most cases, they are the result of human error. Texting and driving is 100% preventable, meaning, many accidents could have been avoided if the driver had refrained from this activity. Accidents that can be prevented can be incredibly frustrating for a victim. Seeking help from an auto accident lawyer Charlottesville VA clients turn to may prove helpful should legal action be necessary. Call MartinWren, P.C.today.