3 FAQs About Building a Car Accident Claim Against a Distracted Driver

texting and driving

If motorists always paid attention to their surroundings, there would be significantly fewer collisions on roads across the country. Every year, distracted drivers are responsible for thousands of traffic fatalities and many more injuries. 

Fortunately, the victims are usually entitled to compensation. Under Mississippi’s fault-based system, those who cause wrecks are usually liable for the resulting damages. 

That means if you were struck by a distracted driver, you can probably file a third-party claim with their insurance carrier. If you’re wondering what doing so entails, here are the answers to some of the most frequently asked questions on the subject:

1. How Do You Prove Liability for a Distracted Driving Accident?

Resourceful car accident attorneys have all kinds of strategies for digging up evidence of distracted driving. While the most compelling proof they’re able to obtain will come down to the facts of the case, you’ll probably end up using at least a few of the following to support your claim:

  • The official police report,
  • Statements from eyewitnesses,
  • Cell phone records,
  • Black box data,
  • Social media activity, and
  • Video footage from dash cameras or surveillance systems overlooking the scene. 

2. What Kinds of Damages Can You Seek by Taking Action Against a Distracted Driver?

Mississippi tort law recognizes both direct expenses like medical bills and indirect expenses like lost wages. Victims are also allowed to seek compensation for non-economic damages like pain and suffering, diminished quality of life, and mental anguish. 

In order to actually secure funds for these losses, however, you’re going to have to prove that you incurred them. According to Clark Law Firm, to demonstrate the extent of economic damages, claimants typically present relevant bills, invoices, and receipts. As for demonstrating non-economic damages, some of the most widely accepted pieces of proof include journal entries, testimony from loved ones, and assessments from psychologists. 

3. How Long Do You Have to Sue a Distracted Driver for Damages?

If arriving at a settlement proves impossible, you’re going to have a limited amount of time to file a formal lawsuit. In Mississippi, the typical statute of limitations for personal injury actions founded on negligence is three years. 

There are some scenarios, however, in which this deadline can be shortened and still others in which it can be extended. As such, you should never assume you have plenty of time to commence the proceedings. Instead, it’s wise to consult a car accident attorney as soon as your condition stabilizes. The sooner you get your claim underway, the more time you’ll have to pursue all possible avenues of compensation.  

Discuss Your Case with a Car Accident Attorney in Jackson 

At Brown Bass & Jeter, PLLC, we’re determined to advocate for those who have been wronged by others. If your life was forever changed because someone failed to pay attention while behind the wheel, we’ll use all the resources at our disposal to help you seek justice. Call 601-487-8448 or submit our Online Contact Form to schedule a free initial consultation with a car accident lawyer in J

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