Finding A Distracted Driving Accident Lawyer (2025)

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Sarah Edwards

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Reviewed By Adam Ramirez, J.D.

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Summary

  • Texting, daydreaming and eating are common distractions while driving
  • Distracted drivers cause thousands of deaths every year
  • If you’re hurt in a distracted driving accident, a lawyer can help

Driving safely and paying attention to the road can go a long way toward keeping yourself safe. Unfortunately, even if you’re as careful as possible, it only takes one distracted driver to cause an accident.

If you get hurt in a crash because someone else wasn’t paying attention, you shouldn’t have to handle the fallout without help. A distracted driving accident lawyer may be able to assist you in recovering compensation and holding the negligent driver accountable for their actions.

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Distracted Driving: A Serious Threat to Public Safety

According to the Centers for Disease Control and Prevention (CDC), approximately nine people per day are killed in accidents involving distracted drivers. However, the actual number of deaths is likely much greater than that.

This statistic solely includes accidents where driver distraction was part of the report filed. In many cases, a driver who causes an accident will not freely admit that they weren’t paying proper attention because they were texting or daydreaming. Similarly, texting and driving statistics likely represent only a small fraction of the actual problem.

Texting and other kinds of phone use are major contributors to distracted driving. To help keep drivers safer, most states have laws like these that restrict the use of mobile phones while driving:

  • Texting while driving is banned in 49 states and Washington, D.C.
  • Teen or novice drivers may not use phones while driving in 36 states and Washington, D.C.
  • Drivers may not use handheld cell phones while driving in 29 states and Washington, D.C.

While these laws have likely made roadways safer, distracted driving is still common. Many drivers disobey the rules — and not all distracted driving involves cell phones.

Types of Distracted Driving

When they’re on the road, drivers are responsible for paying attention and taking reasonable precautions to keep others (and themselves) safe. However, even well-intentioned drivers can become distracted behind the wheel. There are four main categories of distractions:

Visual

Taking your eyes off the road for even a second can be dangerous. These are some types of visual distractions you might experience while driving:

  • Looking at a text message
  • Looking at your GPS
  • Looking at an interesting billboard or something else outside of the car
  • Turning to look at a passenger or something else inside the car

The faster a vehicle is going, the more dangerous visual distractions become.

Manual

Manual distractions, such as the following, involve taking one or both hands off the steering wheel:

  • Texting
  • Reaching for something that fell on the floor
  • Adjusting air conditioning or radio knobs
  • Eating

Some manual distractions (like adjusting the heat or AC) may be necessary, but it’s safest to keep them to a minimum.

Auditory

Certain sounds may make it harder for you to focus on the road. Auditory distractions can include the following:

  • Loud music in the car
  • Conversations with passengers
  • Phone conversations
  • Alert sounds from cell phones
  • Screaming children or rowdy passengers

You may not always be able to control auditory distractions, but being aware of them and making an effort to focus can be helpful.

Cognitive

Some distractions can come from your own mind. Being preoccupied, daydreaming or even dealing with strong emotions can all get in the way of your ability to drive safely.

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What to Do After a Distracted Driving Accident

If you’ve just been involved in a car accident, it can be difficult to think clearly. However, if you’re able to do so, following these steps can protect your health and increase your likelihood of a successful claim:

  • Get to a safe area.
  • Call 911.
  • Document the scene with photos and videos.
  • Ask for contact information for potential witnesses.
  • Seek immediate medical care.
  • Consult an attorney before talking to an insurance company.

Seeking prompt medical care is of paramount importance. Once you are medically stable, contact a texting and driving accident lawyer to set up a consultation.

How an Attorney Can Help

Distracted driving accident lawyers cannot take on every case they see. However, almost all offer free consultations. In these meetings, an attorney will discuss your situation and help you determine whether you’re a good candidate for a distracted driving lawsuit. If the lawyer does take your case, they can help in the following ways:

Investigating Your Accident

Texting and driving accident law firms have extensive experience investigating distracted driving cases. Your lawyer can gather evidence showing the other driver’s negligence. For instance, they may be able to recover cell phone records that prove the other driver was texting at the time of the crash.

Calculating Your Damages

Personal injury lawyers work with cases like yours on a daily basis. Your attorney can assess your case and determine how much compensation you could realistically recover.

Attempting to Negotiate a Settlement

Once they have assembled a case, your lawyer will attempt to negotiate a car accident settlement for you. Settling saves you the time, expense and uncertainty of going to court, so it’s often the best way for both sides to resolve a claim.

Taking Your Case to Court If Needed

In any car accident lawsuit, your case is much more likely to settle than go to court. However, if both sides can’t agree on an amount, your lawyer can represent you at trial.

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Get Connected to a Distracted Driving Attorney Today

If you’ve been hurt in an accident with a distracted driver, don’t just search for “distracted driving accidents lawyer near me” and pick the first firm you see. The right lawyer can make a tremendous difference when it comes to securing fair compensation.

At ConsumerShield, we’re in the business of helping people like you connect with experienced attorneys. Not sure how to make a selection? No problem — fill out our form below for a free case review, and we’ll connect you with experienced distracted driving attorneys in your area.

Car Accident Knowledge Base

Read the latest information on Car Accident and find answers to your questions. Currently there are 94 topics about Car Accident Claims.

Frequently Asked Questions

  • Different states have different statutes of limitations, but you usually have about two to three years from the date of the accident to file. If you’ve been injured, you should consult with an attorney as soon as possible.

  • A lawyer experienced with distracted driving accidents will be able to investigate your case and compile evidence to prove the other driver was distracted. Attorneys also have extensive negotiation experience, so you have a better chance of receiving a higher settlement with an attorney than without.

  • No. In most cases, you won’t have to pay anything unless you win. Car accident lawyer fees are almost always a percentage of the total amount the lawyer recovers for you.

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