In today’s world, distractions are everywhere. When these distractions occur while driving, they can have devastating results. Even a split-second lapse in a driver’s attention can lead to physical or psychological injuries and property damage. Whether it is caused by a text, phone call, or reaching for something in the back seat, distracted driving car accidents in York remain prevalent in Maine.
If you have been injured in an accident involving a distracted driver, contact the talented car accident attorneys at Clark & Howell today. We have seen firsthand the immense consequences these collisions can have on your health and livelihood. We can help you understand your legal options and work towards getting you the compensation you deserve.
All drivers have a legal duty to act with reasonable care behind the wheel. When a driver becomes distracted while driving in York, their attention shifts away from operating the vehicle safely.
In Maine, 29-A M.R.S. § 2118 forbids drivers from using handheld devices to text, call, or browse the internet, and even hands-free devices create danger. Slower reaction time and diverted attention increase the likelihood of an accident, and distractions such as adjusting a GPS or talking to passengers also increase this risk.
When you pursue a personal injury claim, proving the driver was distracted may be enough to establish liability under negligence per se. Phone records, dashcam footage, or eyewitness testimony could provide that proof. Working with an attorney to gather and analyze this evidence is vital to building a strong case.
Drivers often assume they can multitask or manage minor distractions, only to discover too late that this was not true. Accidents involving distracted drivers are frequently caused by one or more of the following:
Although many of these distractions may not seem serious, looking away for five seconds at highway speeds means traveling the length of a football field without watching the road.
At Clark & Howell, we can work with forensic specialists to demonstrate exactly how a distraction caused the collision and your resulting losses.
Proving liability in a distracted driving case in York often requires showing that the driver violated their duty of care. Text message timestamps, app usage trackers, and dashcam recordings could demonstrate that the driver’s negligence contributed to the crash.
There are situations where someone other than the distracted driver may face liability. If the negligent party was driving as part of their employment, the employer could also be liable for resulting damages. For teen drivers, parents or guardians may bear some responsibility.
The state follows modified comparative negligence. Under this rule, claimants who are 50 percent or more responsible for a crash are not permitted to pursue compensation for their losses. If they are less than 50 percent responsible, they could pursue recovery, but their damages decrease based on their share of fault. For example, if you receive a $10,000 award but bear 40 percent of the responsibility, your damages decrease to $6,000.
Although individuals have up to six years from the date of the incident to file a personal injury claim, distracted driving cases often rely on time-sensitive evidence that may disappear much sooner. Phone data or dashcam footage may be deleted, and eyewitness accounts may become unreliable.
Distracted driving car accidents in York can have devastating consequences. Contact Clark & Howell today to find out if you have grounds for a case involving a distracted driver. We can work quickly to secure evidence and handle all communications with insurance companies. You can focus on your recovery, and we can take care of the rest.
Contact us today for a free consultation.
207-363-5208
207-363-5208