Smartphones have become an integral part of our lives. However, they are also one of the most common causes of car accidents due to distracted driving.
While driving, cell phone use has been reported to lead to 1.6 million crashes each year, with texting while driving causing almost 390,000 injuries.
Mobile games have experienced an upsurge recently, and some drivers even play them behind the wheel. In 2016, a 28-year-old driver caused a major car crash while playing Pokémon Go. There have been many other crashes since mobile games became a thing.
Can I Sue a Distracted Driver for Causing Accidents when Playing Mobile Games?
Yes, you can file a lawsuit against the distracted driver. To prove negligence and win the case, your lawyer will have to prove the driver was distracted at the time, causing the collision.
To prove the driver was distracted during the accident and thus at fault, your lawyer has to investigate the crash independently to gather evidence and maybe even hire accident reconstruction specialists.
Drivers should remain attentive at all times when driving. When their lack of alertness contributes to a car accident, they should be held responsible for their actions.
Suing a Distracted Driver
If you or your family member has been injured in a car accident caused by a distracted driver, you can file a lawsuit against the driver.
The lawsuit seeks compensation for the injuries caused as well as medical bills and loss of wages. If you are in Staten Island, you might want to hire a Staten Island car accident lawyer to increase your full compensation chances.
A lawyer will help build the case by hiring medical specialists, determining the amount of lost income, reviewing medical records and costs, and interview family members and dependents to determine how much the accident has affected them.
If the accident involves a commercial vehicle like a truck or bus, the company or driver’s employer may also be held responsible.
Compensation for a Distracted Driving Accident
Once negligence has been proven, and the distracted driver found to be at fault, you will seek the total amount of losses, both financial and personal, the accident caused you.
The driver will be responsible for the damages, and you will be offered compensation for the losses. Compensation falls into different categories:
The at-fault driver will be held liable for any medical costs you will incur to treat your injuries, including emergency costs, hospital stay, drugs, physical therapy, and any follow-up or future treatment.
If you take time off work, you can be compensated for lost wages, bonus wages, employment benefits, as well as vacation days and sick leave days lost.
Pain and Suffering
Injuries may cause losses that can’t be quantified in monetary terms, such as mental distress, pain, marital intimacy, etc. The court can decide the amount to be compensated for these after they’re evaluated in punitive damages.
If the accident caused damage to your property, such as your car or other personal items like a laptop or cellphone, you could be compensated for these.
This refers to any expenditures you were forced to make as a result of the injury, such as nursing care, assistive devices, and rental car expenses.
Drivers who play mobile games when driving should pay for their negligence and mistakes. A personal injury lawsuit might take longer to resolve, but it will be worth it when the distracted driver is proven to be at-fault. An experienced personal injury lawyer will go a long way in helping you fight for the full compensation that you deserve.