Kitchener Car Accidents Caused By Distracted Drivers
Nobody expects to be involved in an accident when they get behind the wheel of their car. Unfortunately, even the safest, most responsible motorist is susceptible to collisions caused by distracted drivers.
If another driver’s recklessness caused you to sustain injuries in an automobile collision, a Kitchener car accident lawyer may be able to help you seek accountability and restitution.
Common Injuries from Distracted Driving Accidents
Although operating a motor vehicle requires a driver’s full attention, many motorists are susceptible to various distractions while driving. In Ontario, the use of electronic devices like smartphones while driving is illegal. However, across the province, motorists continue to exhibit illegal behaviours, like texting while driving, which can increase the risk of collisions resulting in serious injuries.
Accidents caused by distracted driving can have fatal consequences. They can also cause severe, life-changing injuries. Each year, more than 150,000 Canadians are involved in a motor vehicle traffic collision resulting in injuries. Some common injuries resulting from car accidents include:
- Spinal cord injuries
- Degenerative and herniated discs
- Organ damage
- Cognitive and mobility impairments
- Broken bones
- Traumatic brain injury
Some injuries may require long periods of hospitalization, which may cause car accident victims to endure long absences from the workplace and to incur substantial medical debt.
Although Ontario drivers are obligated to carry auto insurance, policies may not cover all of the losses resulting from severe injuries caused by a distracted driver. Accident victims who sustain catastrophic injuries, like paralysis, may no longer be able to live or work independently as a result of the collision. These serious injuries can lead to a diminished quality of life, and significant financial loss.
Common Causes of Distracted Driving
Regardless of whether their vehicle is in motion, idling in traffic, or stopped at a red light, in the province of Ontario, it is against the law for a driver to use a hand-held electronic devicewhile a driver is operating behind the wheel. Per the Canadian Centre for Occupational Health and Safety (CCOHS), the use of cell phones while driving is one of the most common distractions that can lead to serious collisions on the road. Any driver who takes their eyes off the road, even for a brief moment, can cause an accident. Accidents can happen in the blink of an eye, meaning that split seconds could mean the difference between avoiding a crash and causing a dangerous collision.
Distracted driving can also occur when drivers become more focused on other tasks, such as talking with passengers or changing the radio station.
Establishing Fault After a Distracted Driving Car Accident
Following a car accident, law enforcement officers dispatched to the scene may interview witnesses and other drivers involved in the collision in order to ascertain whether the responsible driver violated any traffic laws. Witnesses may be able to provide important details about the accident, including whether the at-fault driver was using their phone when the collision occurred. If so, responding officers might issue a citation to the driver responsible for causing the accident.
When a distracted driver causes an accident because they neglect to focus on the road, the victim’s insurance company may find them responsible for the accident. Using Ontario’s R.R.O. 1990, Reg. 668: Fault Determination Rules, insurance companies will determine each involved driver’s degree of responsibility for the accident. If a victim is found even partially responsible for the collision, the amount of accident benefits available to them may be reduced.
Even if the responsible driver has received a citation for distracted driving leading to this collision, insurance companies may not consider that factor relevant when reviewing an accident claim. If you disagree with your insurance company’s fault determination, a Kitchener car accident lawyer may be able to help you file an appeal, and negotiate with the insurance company on your behalf.
Recovering Damages for Injuries
The amount of accident benefits allocated to car accident victims depends on a number of factors, including the severity of the injuries they sustained. If you believe your insurance company has improperly assessed the severity of your injuries resulting from a car accident, a Kitchener distracted driving lawyer may be able to help you submit medical documentation and other evidence to support your claim.
Injuries sustained in car accidents have the potential to be severe and to significantly impact a victim’s life and livelihood. Severe injuries may limit a victim’s ability to engage in the same activities they enjoyed before their accident, like working independently or living an active lifestyle.
If you’ve suffered permanent, debilitating injuries as a result of a collision caused by a distracted driver, you may be eligible to recover damages for:
- Lost wages
- Future loss of earnings
- Unreimbursed medical expenses
- Pain and suffering
In order to help eligible victims recover these damages, a Kitchener car accident lawyer may be able to collect and analyze the following evidence:
- Medical bills
- Vehicle repair and replacement assessments
- Medical records
- Police reports
- Correspondence with insurance companies
A distracted driving accident lawyer serving the Kitchener area may also be able to help meet time-sensitive filing deadlines, so accident victims can prioritize their recovery.
Call Preszler Injury Lawyers for Help
If you’ve been injured in a car accident caused by a distracted driver, you may be eligible to pursue compensation. A Kitchener car accident lawyer may be able to offer useful assistance and advice. Call Preszler Injury Lawyers today for a free, initial consultation about the circumstances of your accident.