Distracted Driving Lawyers in Bowie, MD
Distracted driving remains a significant concern across the United States, including cities like Bowie, Maryland. Despite ongoing efforts to promote safe driving, texting, talking on the phone, eating, or adjusting in-car devices continue to take drivers’ attention away from the road. It has led to countless accidents, many of which result in severe injuries and property damage.
When someone is harmed due to a distracted driver’s negligence, they have the right to seek compensation for their injuries and other losses. Pursuing legal action in such cases involves understanding Maryland’s traffic laws, gathering evidence, and demonstrating the other party’s negligence. A Bowie distracted driving lawyer at the Law Offices of Duane O. King represents people like you who can benefit from legal guidance to strengthen their claims.
What Constitutes Distracted Driving?
Distracted driving occurs when a motorist engages in any activity that diverts their attention away from driving. These distractions are typically categorized into three types: visual, manual, and cognitive, however, they can overlap:
- Visual distractions involve taking one’s eyes off the road, such as looking at a phone or GPS device.
- Manual distractions occur when a driver removes their hands from the steering wheel, like when eating or adjusting the radio.
- Cognitive distractions happen when a driver’s mind is focused on something other than driving, such as daydreaming or engaging in an intense conversation.
What Are Common Injuries in Distracted Driving Accidents?
Accidents caused by distracted driving can lead to a wide range of injuries, like whiplash, broken bones, lacerations, and concussions. In more severe cases, individuals may experience spinal cord injuries, traumatic brain injuries, or internal organ damage.
The severity of injuries often depends on the nature of the crash, including the speed at impact and the type of vehicles involved. Pedestrians, cyclists, and motorcyclists are particularly vulnerable in these accidents because they lack the protection that a car provides. Survivors of distracted driving incidents may face lengthy recovery periods, extensive medical bills, and ongoing emotional trauma.
How Can Liability Be Proven in Distracted Driving Cases?
Establishing liability in a distracted driving case requires demonstrating that the other driver’s actions directly caused the accident. This typically involves gathering and presenting various forms of evidence:
- Police reports are often valuable because they provide official accounts of the crash and may include details about distracted driving behaviors.
- Witnesses can also provide critical information about the moments leading up to the collision.
- Cell phone records may show whether a driver was texting or on a call at the time of the crash.
- Vehicle data from onboard systems can reveal sudden braking or other erratic movements.
- Surveillance cameras in the area may capture footage of the incident, providing additional context for what occurred.
What Are Maryland’s Laws Regarding Distracted Driving?
Maryland has implemented several laws aimed at reducing distracted driving. Texting while driving is prohibited for all drivers, but hands-free cell phone use is allowed. Drivers under the age of 18 cannot use cell phones or electronic devices while driving.
Violating these laws can result in fines and points on the driver’s license. While these penalties aim to deter unsafe behaviors, they do not entirely prevent distracted driving. When a distracted driver causes an accident, their violation of traffic laws can be evidence of negligence in a personal injury case.
How Does Maryland’s Contributory Negligence Law Affect Distracted Driving Claims?
Maryland follows a contributory negligence standard, which means that if an injured party is found even partially at fault for the accident, they cannot recover compensation. This strict rule makes it particularly important to demonstrate that the other driver was entirely responsible for the crash.
For example, if a distracted driver hits a pedestrian but is walking and texting, the pedestrian may be considered partially at fault. In such cases, contributory negligence could prevent either party from receiving damages. A Bowie distracted driving lawyer helps injured parties evaluate their case and determine the best approach to minimize the risk of being assigned fault.
What Damages Are Available in Distracted Driving Cases?
Individuals injured in distracted driving accidents may be entitled to various forms of compensation:
- Economic damages can include medical expenses, lost wages, and costs associated with rehabilitation or long-term care.
- Non-economic damages address intangible losses, such as pain and suffering or emotional distress.
- In cases involving particularly reckless behavior, punitive damages may be awarded to punish the distracted driver and deter similar conduct in the future.
Determining the value of a claim requires a thorough evaluation of the impact the accident has had on the injured party’s life, both financially and emotionally.
Why Is Legal Representation Important in Distracted Driving Cases?
Distracted driving cases often involve nuanced legal and evidentiary issues. Proving that a driver was distracted at the time of the crash requires a comprehensive approach that involves obtaining records, interviewing witnesses, and consulting accident reconstruction professionals. Insurance companies may attempt to minimize their liability by disputing the severity of injuries or the extent of the driver’s fault.
An attorney familiar with Maryland traffic laws and the local court system can provide valuable guidance throughout the process. A Bowie distracted driving lawyer helps injured parties build persuasive cases by managing these challenges and advocating for fair compensation.
How Long Do Injured Parties Have to File a Lawsuit?
In Maryland, the statute of limitations for personal injury claims is three years from the accident date. This means you must file your lawsuit within this time frame or risk losing the right to pursue compensation. Certain circumstances, such as claims against government entities, may have shorter deadlines.
Delays can make gathering the necessary documentation and building a compelling case more challenging.
An Experienced Bowie Distracted Driving Lawyer at the Law Offices of Duane O. King Helps Clients Seek the Compensation They Deserve
If you were injured in a distracted driving accident, a Bowie distracted driving lawyer at the Law Offices of Duane O. King will offer legal guidance. To schedule a free consultation, call 202-331-1963 or submit our online form. Located in Washington, D.C., National Harbor, Maryland, and Falls Church, Virginia, we serve clients in Prince George’s County, including Laurel, Beltsville, Adelphi, College Park, Greenbelt, Mitchellville, Woodmore, Greater Upper Marlboro, Springdale, Largo, Bowie, Capitol Heights, District Heights, Forestville, Suitland, Seat Pleasant, Clinton, Oxon Hill, Temple Hills, and Fort Washington.