Call for a FREE Consultation262-605-8400

Proving Fault In Auto Accident Cases Involving Texting Or Other Distractions

auto accident

Auto accidents caused by distracted driving are unfortunately becoming increasingly common in Wisconsin and across the nation. In many cases, distractions such as texting, talking on the phone, eating, or even adjusting the radio are the root causes of collisions. If you’ve been involved in a car accident where the other driver was distracted, proving fault can be complex. However, the legal process is necessary if you want to recover the financial compensation your case deserves. In Wisconsin, drivers are must pay attention to the road and avoid distractions while driving their motor vehicles. We will now discuss the legal issues and challenges of proving fault in distracted driving accident cases and help you understand how to approach such cases from a legal standpoint.

Distracted Driving Laws In Wisconsin

In Wisconsin, distracted driving laws are designed to keep drivers focused on the road. The state specifically prohibits texting while driving, a practice that is widely recognized as one of the most dangerous distractions. Wisconsin Statute § 346.89 makes it illegal for drivers to send, read, or write text messages while operating a vehicle. This law applies to all drivers and is intended to reduce accidents caused by texting and driving. Violating this statute can lead to fines, but more importantly, it can also serve as evidence of negligence in a personal injury case if the violation directly contributed to the accident.

While texting is the most commonly cited form of distraction, other actions like talking on the phone, using in-car technology, or even adjusting the vehicle’s settings can also be considered distractions if they contribute to an accident.

Proving Fault In Distracted Driving Cases

When it comes to proving fault in auto accidents caused by distracted driving, you need to establish that the distracted driver was negligent and that their actions directly caused the accident. Here’s a step-by-step look at the process:

  1. Demonstrating Distracted Driving – The first step in proving fault is to show that the other driver was engaged in a distracting activity at the time of the accident. This can include presenting evidence such as:
    • Witness Testimony – Eyewitnesses who saw the other driver texting or using their phone before the collision can be crucial in demonstrating that distraction played a role in the accident.
    • Cell Phone Records – In some cases, obtaining the other driver’s cell phone records can reveal whether they were texting or talking on the phone at the time of the accident.
    • Dash Cam or Traffic Camera Footage – Video evidence from cameras can show whether the other driver was distracted in the moments leading up to the crash.
  2. Negligence and Causation – Once it is established that the driver was distracted, you must prove that their actions directly caused the accident. Wisconsin follows a comparative fault system, which means that if the distracted driver’s actions contributed to the crash, they could be held responsible for the damages. You will need to demonstrate that the distraction was the proximate cause of the accident and that the collision would not have occurred if the driver had been paying attention.
  3. Gathering Evidence – Collecting and preserving evidence is essential for proving fault. Evidence such as police reports, medical records, and accident scene photographs can help to build a solid case.

The Role Of Insurance Companies In Distracted Driving Cases

Insurance companies are often reluctant to pay out large settlements in distracted driving cases, especially when fault is not immediately clear. Insurance adjusters may attempt to downplay the severity of the accident or argue that the other driver wasn’t distracted at the time. It’s essential to have an experienced attorney who can handle these tactics and fight for your rights.

In many cases, the other driver’s insurance company will attempt to shift the blame to you or argue that the distraction was not a contributing factor to the crash. Your lawyer will need to provide strong evidence to refute these claims and prove that the distracted driver was at fault.

Potential Damages In Distracted Driving Accidents

If you’ve been injured in an accident caused by a distracted driver, you may be entitled to compensation for:

  • Medical Expenses – This includes costs for emergency care, surgeries, doctor visits, physical therapy, and long-term medical care.
  • Lost Wages – If your injuries prevent you from working, you may be able to recover lost income during your recovery period.
  • Pain and Suffering – Non-economic damages for physical pain, emotional distress, and reduced quality of life.
  • Property Damage – Compensation for any damage to your vehicle and personal property.
  • Punitive Damages – In cases where the driver’s actions were particularly reckless, punitive damages may be awarded to punish the defendant and deter others from engaging in similar behavior.

Distracted Driving Accident Frequently Asked Questions

What Are Wisconsin’s Distracted Driving Laws?

Wisconsin law prohibits texting while driving under Wisconsin Statute § 346.89. Drivers are also expected to avoid any other distractions that could interfere with safe driving, such as using their phones for calls or adjusting in-car technology. Violations of these laws can result in fines and can serve as evidence of negligence in a personal injury lawsuit.

How Can I Prove The Other Driver Was Distracted?

Proving that the other driver was distracted can involve several types of evidence. This may include witness testimony, cell phone records showing text messages or phone calls, traffic camera footage, or dash cam recordings. Your attorney will help gather this evidence to demonstrate that the distraction caused the accident.

Can I Sue For A Distracted Driving Accident If I Was Partially At Fault?

Yes. Wisconsin follows a comparative fault system, which means that even if you are partially responsible for the accident, you can still recover damages. However, your compensation will be reduced by the percentage of your fault. It is crucial to work with an experienced attorney to establish the other driver’s primary responsibility in the crash.

How Do I Get Compensation For My Injuries?

If you’ve been injured in a distracted driving accident, you can pursue compensation through the at-fault driver’s insurance. If the insurance company offers a low settlement, your attorney may need to file a lawsuit to seek fair compensation. Your damages can include medical expenses, lost wages, pain and suffering, and property damage.

What If The Driver Was Texting And Driving When The Accident Happened?

If the other driver was texting and driving, this constitutes clear evidence of negligence under Wisconsin’s texting ban. Texting while driving is illegal, and it can be used to demonstrate that the driver’s distraction directly caused the accident. This evidence will be vital in proving fault in your case.

What Is The Role Of A Lawyer In A Distracted Driving Accident Case?

A skilled lawyer will help you gather evidence, communicate with insurance companies, negotiate settlements, and represent you in court if necessary. They will ensure that your case is handled effectively and work to get you the maximum compensation for your injuries and losses.

Contact Our Kenosha Distracted Driver Accident Lawyer To Receive A Free Consultation

If you’ve been injured in a car accident caused by a distracted driver in Wisconsin, it’s essential to get the legal help you need. At Law Offices of John V. O’Connor, we specialize in handling distracted driving accidents and have the experience to fight for your rights. We will work diligently to gather the evidence necessary to prove fault and help you get the compensation you deserve.

If you need assistance after a distracted driver accident, contact our Kenosha distracted driver accident lawyer at the Law Offices of John V. O’Connor by calling (262) 605-8400 to receive your free consultation. We serve accident victims throughout Wisconsin, and we’re ready to help you pursue the justice and economic compensation your case deserves.

    Contact

    The Law Offices of John V. O'connor

    The Law Offices of John V. O'Connor
    600 52nd Street Suite 120
    Kenosha, WI 53140

    262-605-8400

    img img img