How Drunk Driving and Distracted Driving Impact Your Injury Claim
If you’ve been injured by another driver’s negligence, you can seek compensation for your covered losses through a traffic accident claim. Such claims hinge on evidence proving the other driver’s negligence. If the other driver was clearly drunk or distracted, such as by texting, their negligence is likely established, and your legal burden is reduced.
Resolving your claim for an amount that fairly addresses your losses is, nevertheless, challenging. As a result, working with an experienced Charleston traffic accident attorney at The Law Office of Mark C. Tanenbaum, P.A., is always the right place to start.
The Elements of Your Traffic Crash Claim in Charleston
The legal elements of every traffic accident claim include the following:
- The other driver engaged in some sort of negligence that breached the duty of care owed to you. Both drunk driving and distracted driving easily fit the bill.
- The other driver’s negligence was the direct cause of the traffic crash that left you injured.
- You suffered legal damages in the process, which include property damage to your car, medical costs, lost earnings, and physical pain, as well as emotional distress.
Proving Your Legal Damages
If the other driver was ticketed and convicted of drunk or distracted driving, their negligence is not in dispute. Drawing a line from their negligence to your injury is likely straightforward. You must also show the full extent of your covered losses with evidence.
Common Forms of Evidence
To prove the extent of your damages, gather evidence such as eyewitness testimony and photos or videos taken at the scene.
- The photos and videos taken by dashcams, traffic cameras, and security cameras in the vicinity of the accident
- The police report and the ticket issued, which may address the severity of your injuries
- Photos of your injuries that were taken at the time of the accident and that document their development over time
- The detailed Patient Care Reports written by the EMTs and paramedics who attended to your needs following the accident
- Your relevant medical records and related bills
- Your doctor’s report regarding your injuries and prognosis
Establishing the Scope of Your Damages
It’s important to note that more serious injuries warrant greater compensation. For example, if you require medical care in the future, if your earning power has been affected, or if both have occurred, the greater your covered losses are likely to be.
Our Experienced Charleston Traffic Accident Lawyer Can Help
Our dedicated Charleston traffic accident attorneys at The Law Office of Mark C. Tanenbaum, P.A., have a wealth of experience guiding claims involving drunk or distracted drivers toward optimal outcomes for our clients, and we’re here for you, too. Learn more by contacting us online or by calling 843-577-5100 today.