When anyone operates a motor vehicle without being fully focused on that task, serious collisions can occur. Throughout Wisconsin in 2023 alone, a total of 9,261 distracted driving accidents took place.
Being involved in a Madison, Wisconsin, car accident that involves a distracted driver can, therefore, be a more likely scenario than you may think. And the aftermath can be an overwhelming and confusing time. It’s vital to ensure your physical safety, but understanding whether you have legal recourse is just as important to protect your rights.
At Eisenberg Law Offices, S.C., our team can help establish whether negligence played a role in the accident and fight to obtain fair compensation on your behalf. Contact our law office today at (608) 256-8356 to schedule a free consultation with an experienced Madison distracted driving accident lawyer.
Distracted driving can lead to serious accidents and catastrophic harm, including brain injuries. And because Wisconsin is a fault state for traffic accidents, the only way to recover your losses is to file a claim against the other party. That means demonstrating that they were, in fact, distracted behind the wheel.
At Eisenberg Law Offices, S.C., our team of Madison car accident attorneys offers a number of services to make the entire process easier, such as:
With 140 years of combined legal experience that has helped win more than $100 million for our clients across numerous verdicts and settlements, we’re a team you can count on. Our dedicated and compassionate Madison personal injury lawyers will guide you through every step of the legal process, all so you can focus on healing. Contact our team today to schedule a consultation with a Madison personal injury attorney.
Distracted driving refers to the act of operating a motor vehicle while engaging in other activities. By far, the most common distraction today is cell phone use, especially texting, but there are various other actions that can be problematic; eating or drinking, changing the radio station, checking the GPS, or speaking with passengers are just some examples.
The reason why these behaviors are so dangerous is that a distracted driver will not notice hazards when they appear on the road. Looking down at a phone for just five seconds while traveling at 55 mph is akin to closing your eyes and traveling through an entire football field. The driver will struggle to react quickly enough to changes in road conditions.
The actions you take following a collision are critical. First and foremost, you must ascertain whether you and everyone else in the vehicle with you are safe.
From there, take the following steps:
Even if you are not sure whether you’re hurt, call 9-1-1 and request that paramedics arrive on-scene. They will be able to spot signs of things like concussions or internal bleeding and provide prompt assistance as needed. If you’re in danger of being hit by other cars, find a safe place from which to wait for help.
If emergency personnel recommend that you go to the hospital, do as they suggest. It will not only keep you safe but also begin a collection of medical records that you can use later during your claim. Law enforcement needs to be called to the scene, too, as in order to file a claim, you’ll need a copy of the associated police report.
You’ll need to exchange certain details with the other party, such as those regarding your insurance, but keep the conversation short, making sure you do not mention fault at all.
Afterward, if you can do so safely, gather as much evidence as possible from the scene. Take pictures of the cars involved and note whether there are any traffic cameras nearby that might have recorded the accident. Get statements from witnesses (or their contact information), as well, as that will give your lawyer things to follow up on later.
Contact your insurer to let them know that you were in an accident. Like your talk with the other driver, this conversation should also be short and not include any mention of fault. The insurance company will conduct its own investigation, so there’s no need for you to offer numerous details from the start.
Immediately after speaking with your insurer, contact an attorney. Distracted driving accidents can be complex to prove because they may require phone records and other technical evidence, but a Madison car accident lawyer can gather these items for you.
After being hurt in a distracted driving accident in Madison, Wisconsin, you may be able to initiate a claim against the other party. At Eisenberg Law Offices, S.C., our attorneys can fight for your rights. Contact us today to schedule a free consultation with an experienced Madison distracted driving accident attorney.
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