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Distracted driving, including the use of cell phones while driving, leads to a large number of traffic collisions throughout our nation’s capital. It is illegal for drivers to use their mobile device without a hands-free adaptor while operating their vehicle. Distracted driving may also lead to an accident with another car or multiple other cars when drivers divert their attention from the road in other ways, such as by talking to passengers, eating while behind the wheel, or adjusting the radio. Essentially, any crash in which a driver was distracted at the time of the collision will likely be considered a distracted driving accident. Unfortunately, the ramifications of careless and potentially reckless driving conduct can affect not only other motorists on the road, but pedestrians, passengers, and bicyclists. A skilled Washington, D.C. car accident lawyer can help victims of distracted driving crashes pursue damages for their harm. Attorney Roger Gelb has personally handled thousands of injury claims on behalf of his clients, who deal directly with him throughout their cases. Attorney Gelb focuses his practice on vehicle collisions, and has recovered numerous multi-million dollar settlements and verdicts on behalf of clients throughout the D.C. Metro area, Maryland, and Virginia.Holding Distracted Drivers Accountable for Harm Caused in a Crash
Distracted driving impairs the ability of a driver to properly maneuver their vehicle. When visual attention is taken away from the road, the risk of a crash increases. Throughout Washington, D.C, laws restrict the use of handheld devices and texting while driving. In fact, Drivers who exhibit these behaviors may be ticketed, even without having violated another traffic rule. Not only is distracted driving illegal, but it is the cause of many serious vehicle crashes. According to the National Highway Trafic Safety Administration (NHTSA), of all distraction-affected fatal crashes, cell phone use accounts for 14% of these accidents.
Car crash victims have the legal right to hold at-fault drivers accountable for their damages. By filing a personal injury claim against a distracted driver and establishing their negligence, injured individuals can seek justice and monetary compensation for all accident-related costs, including those for future medical care. A seasoned car accident lawyer in Washington, D.C. can help ensure that all costs are properly calculated and pursued.Filing an Injury Claim Following a Distracted Driving Accident
The first step in a personal injury case following a distracted driving accident is to prove that the defendant caused the accident. Typically, the victim will show that the defendant’s negligence led to the crash, and directly caused the victim’s resulting injuries. There are four elements to a negligence claim: duty, breach, causation, and damages.
By law, all drivers owe others the duty to exhibit reasonable care under the circumstances, and must avoid causing harm while operating their vehicles. Drivers who fail to use an appropriate level of care may be deemed to have breached this duty. If their careless or reckless conduct leads to a crash, they may be held legally responsible for any resulting harm. For example, a driver manipulating their phone while behind the wheel is not paying proper attention to the road. This driver may be found liable if they cause a collision, and can even be held responsible by injured family members. A Washington D.C. car accident lawyer with experience handling distracted driving cases can help you identify and prove the most relevant facts when pursuing your case.
After establishing the driver’s fault for causing the crash, victims must show that this breached duty of care directly caused their injuries. Evidence that a distracted driver ran a red light and crashed into the victim’s vehicle would be strong support of the victim’s causation argument.
Finally, the victim sets forth the damages they are seeking. Damages, in the form of monetary compensation, are intended to place the victim in the position they would be in had the accident not occurred. Quantified costs are set forth in the form of medical bills, lost wages from work missed due to injuries, and property damage. However, non-economic damages may also be secured, including pain and suffering and loss of consortium. Attorney Roger Gelb appreciates the changed circumstances that often lead to a decreased quality of life following a vehicle collision, particularly after serious crashes such as sideswipe accidents, and he fights for clients’ rights to these damages as well.Washington, D.C. Lawyer for Car Accident Claims
Attorney Roger Gelb understands the devastating emotional impact upon car accident victims and their families following a crash. The dedicated team at Gelb & Gelb, P.C. is here to diligently and aggressively advocate on your behalf, helping you to seek the full compensation you may be owed. We have successfully secured over one-hundred million dollars for victims throughout the District of Columbia, Virginia, and Maryland. Clients communicate directly with Attorney Gelb, receiving clear, effective legal representation. To reach our office and understand more about your case, call us at 202-331-7227 or fill out our online form.