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Distracted driving is a common contributing factor to car accidents in Connecticut. Driving requires full engagement of the senses, complex motor skills, and full cognitive abilities. When these abilities are compromised through negligence, accidents can happen. If you have been involved in an accident with a distracted driver, you may need to pursue legal action and hire a New Haven distracted driving accident lawyer.
At Loughlin FitzGerald, P.C., we have decades of combined experience in personal injury law, and we serve our clients in the New Haven area with dedication, compassion, and knowledge. We can guide you through the legal process of filing a claim and advocate for you at all Geographical Area Courts in New Haven County.
Distracted driving is any activity that takes the driver’s full attention from the road. Most people think of texting and driving when someone mentions distracted driving, but texting is only one form of distraction. Drivers can be negligent in many ways, including:
Any of these distractions can prove deadly. According to the NHTSA, distracted driving claimed over 3,000 lives in 2023 alone. It can be easy to fall into bad habits while driving, but a driver’s main priority is safety.
Connecticut utilizes a modified comparative negligence model for determining liability in car accidents. This means that both parties in an accident carry a percentage of negligence. In cases where distracted driving is involved, the plaintiff must prove that they carry less than 51% of the liability to secure compensation.
Victims can improve their chances of obtaining a settlement by following the proper procedure after a car accident. This includes:
Injuries sustained in a distracted driving accident can create lasting hardships, including:
It’s crucial to speak with a New Haven distracted driving accident attorney as soon as possible, even before pursuing a claim with insurance. Most insurance companies will try to settle for much less than you would get with legal representation.
Distracted drivers cost Americans over $129 billion every year. Losses in job productivity, medical and rehabilitation costs, increasing car insurance rates, and property damage and replacement can make the aftermath of an accident costly.
There are three types of damages awarded to plaintiffs in a distracted driving accident claim:
When you hire a distracted driving accident lawyer with knowledge of Connecticut accident laws, you can increase your chances of winning a settlement, which can alleviate the severity of your losses.
Connecticut has particularly harsh distracted driving laws. They outline severe penalties for distracted driving due to the prevalence of accidents caused by these factors. It is illegal to use handheld mobile devices while driving or at stop lights unless there is an emergency. Even the use of a hands-free device is illegal for minors under the age of 18 while operating a vehicle. Penalties can include tickets and heavy fines for repeat offenders.
Connecticut uses a modified comparative negligence model to determine liability in any car accident. This establishes the percentage of negligence carried by both parties in an accident. To successfully prove a lesser percentage of liability and obtain a settlement, the plaintiff must provide adequate evidence to the courts. It is important to have an attorney who is deeply experienced in the state’s distracted driving accident laws, especially when fault is disputed.
If you may have erroneously received a ticket, it’s advisable to speak to an attorney. If you simply pay the ticket and move on, it will appear on your driving record. This can lead to higher insurance bills for you later. An attorney can work to get a ticket off your record.
In New Haven, Connecticut, distracted drivers can be liable for economic, non-economic, and punitive damages. Punitive damages are usually significant, implying malicious intent or egregious actions. In some cases, distracted drivers may be subject to prosecution when they cause an accident, especially if the other driver or passengers die. These convictions increase the potential for hefty fines and even jail time.
While it may be daunting to consider taking legal action against a distracted driver, our roads need to be safe for all who travel on them. Injuries and wrongful deaths occur every day because of texting and driving and other negligent actions. You and your family deserve compensation for your pain and suffering.
At Loughlin FitzGerald, P.C., we prioritize the health and well-being of our clients above all else. We can seek to obtain the full extent of financial compensation the law allows. We don’t get paid unless you do. Contact us today to schedule a no-obligation consultation to discuss the details of your case.