Theisen & Associates, LLC

Legal remedies for victims of distracted drivers

Distracted driving includes any activity that removes the driver's attention from the roadway. Distracted driving can increase the chances of a motor vehicles accident and may be considered negligence when it results in a car accident, carrying liability for the distracted driver.

Driver distraction falls into three broad categories; however, anything that removes the driver's attention and focus from the roadway is considered distracted driving. The categories of distracted driving include: visual distraction, or removing the driver's eyes from the roadway; manual distraction, or removing the driver's hands from the steering wheel; and cognitive distraction, or removing the driver's mental focus from the roadway. Specific examples of distracted driving include texting while driving; using a cell phone while driving; operating a navigation device or radio while driving; or eating or grooming while driving.

When a car accident victim has been injured by a distracted driver, legal resources are available to help them recover compensation for the harm they have suffered. Personal injury and wrongful death legal remedies may be available to help victims recover compensation for their medical expenses, lost wages and pain and suffering damages.

Texting while driving is considered the most dangerous form of distracted driving, as it combines all three types of distracted driving. Texting requires the driver to remove their eyes from the roadway for five seconds while reading or sending a text message, which is long enough to travel the length of a football field while driving at 55 miles per hour. Victims who have been harmed by an unexpected accident caused by a negligent driver should be familiar with the legal protections available to them.

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Theisen & Associates, LLC

810 South Calhoun St.
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Fort Wayne, IN 46802

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