When a driver’s careless, reckless, or otherwise-negligent behavior results in an auto accident, the driver may be held legally liable for all damages and losses, and these behaviors include texting and driving, which is proving to be among the deadliest distracted driving behaviors on our roads today. If you’ve been injured in an accident due to another driver’s negligence, speak with an experienced personal injury attorney as soon as possible.
In a personal injury claim, you and your attorney will prove the other driver’s negligence in a multi-step process. First, it must be established that the other driver had a legal “duty of care” to drive in a safe and reasonable manner on the road which does not pose unnecessary risks to other drivers. Texting while driving is a “breach” of this duty of care because the driver is distracted and, thus, posing serious and unnecessary safety risks to everyone on the road as well as pedestrians.
Then, your attorney will establish “causation,” meaning the driver is legally at-fault for the accident because his/her distraction was the direct cause of the accident and your resulting injuries. Finally, it must be demonstrated that you have indeed suffered losses resulting from the accident, such as personal injuries, vehicular damage, medical expenses, and time missed from work.
Damages are often divided into “economic” and “non-economic” damages; economic damages are calculable using dollar amounts, while non-economic damages are more difficult to calculate and typically pertain to pain and suffering, loss of consortium, or lost quality of life.
If you or a loved one has been injured in an auto accident due to another driver’s negligence, contact Mike Agruss Law for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you.
Lastly, Mike Agruss Law is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
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