Jackson Distracted Driver Accident Lawyer
Most people multitask their way through their days. Our web browsers usually have at least six or eight tabs open at once. Additionally, our smartphones might have three or four text message conversations going on at once. Many people assume they may continue to multitask when they are behind the wheel. Every time they multitask while driving and make it home safely, their false sense of security grows.
In contrast, the focused Jackson distracted driver accident lawyer at Keith B. French Law does not let other priorities distract him from the primary goal. That goal is obtaining maximum compensation for your serious injuries. I diligently collect evidence which supports your claim. Then, I put these pieces of evidence together into a cohesive legal picture. This approach usually obtains results which exceed the clients’ expectations.
What Causes Distracted Driving Accidents?
Roughly 90 percent of Americans own a hand-held smartphone. So, hand-held device distraction usually dominates magazine articles and public service advertisements. Indeed, these gadgets combine all three forms of distracted driving, which are:
- Manual (hand off the wheel),
- Visual (eyes off the road), and
- Cognitive (mind off driving).
Contrary to popular myth, hands-free phones are not any safer than hand-held gadgets. In fact, using a hands-free cellphone while driving is as bad as driving drunk.
Non-device distraction is even more common than device distraction. Some examples include eating while driving, drinking while driving, and talking to passengers while driving.
Distracted drivers often cause serious injuries which are difficult to diagnose and treat. Whiplash is a good example. The violent motion of a car wreck causes the neck to snap back and forth. This movement severs nerves in the neck. If left untreated, whiplash can cause paralysis. Making matters worse, this soft tissue injury often doesn’t show up on many diagnostic tests.
To alleviate these problems, our Jackson distracted driving accident lawyer connects victims with physicians who focus on these kinds of injuries.
Claims and Defenses in a Distracted Driving Claim
Distracted driving wrecks, like most other kinds of vehicle collisions, usually involve the negligence per se rule or the ordinary negligence doctrine.
Negligence per se is basically the violation of a safety law. Mississippi is one of the only states which does not limit a driver’s use of a cell phone in any way. There are only a few exceptions, including bus drivers and novice drivers who only have learners’ permits. There is also a reckless driving law on the books, but officers only issue these citations in extreme situations.
So, the negligence per se rule does not come up very often in Mississippi distracted driving claims.
Therefore, the ordinary negligence doctrine is usually the best option in these situations. Essentially, negligence is a lack of care. Most noncommercial drivers have a duty of reasonable care. They must avoid accidents when possible and drive defensively at all times. Arguably, distracted driving violates this legal responsibility.
In both kinds of negligence cases, damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Comparative fault is probably the most common insurance company defense in distracted driving claims. This legal doctrine shifts accident blame from the tortfeasor (negligent driver) to the victim. For example, an insurance company might admit its insured driver was distracted, but blame the wreck on the victim’s excessive speed.
Evidence is usually the key to refuting defenses like comparative fault. Therefore, the more evidence an attorney accumulates, the higher the compensation usually is.
Contact a Savvy Hinds County Lawyer
Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced distracted driving accident lawyer in Jackson, contact Keith B. French Law, PLLC. I do not charge upfront legal fees in these matters.