Gilbert Distracted Driving Accident Lawyer

Distracted driving is often underappreciated in its dangerous impact, comparable to drunk driving. You can do everything to drive safely and still get into an accident because of a distracted driver. A Gilbert distracted driving accident lawyer can help you gather evidence and build a case that can get you the justice you deserve.

At Luis P. Guerra, L.L.C., we understand how difficult a distracted driving accident can be. Our team has spent years representing the people of Gilbert and the broader Phoenix Metro area with their accident cases. Our lead attorney, Luis P. Guerra, has over twenty-five years of experience litigating cases, ranging from minor disputes to major cases worth millions. He received an AV Preeminent rating from Martindale-Hubbell, the highest tier awarded to attorneys.

Distracted driving is considered reckless and poses a grave danger to the citizens of Gilbert and all Arizonans. The Arizona Department of Transportation reported 8,629 crashes in 2023 caused by distracted driving. That same year, 3,275 people were killed across the United States in distracted driving accidents.

You don’t have to be on a busy route like the Santan Freeway or Warner Road to get hit by a distracted driver. Distracted driving occurs in countless different ways. Common types of distractions include:

• Visual distraction. Looking at your phone, focusing on a sight on the side of the road, or turning to other passengers are common examples.
• Manual distraction. This includes anything that takes your hands off the wheel. Some examples are adjusting a setting on the center console, eating, drinking, or smoking.
• Cognitive distraction. These distractions involve mental factors, such as daydreaming, emotional conversations, intense focus, or fatigue.
• Combination. Different types of distractions are frequently combined. This is why texting while driving or using your phone is especially dangerous, as it involves all three.

Distracted driving can be a challenging thing to prove in court. After an accident, you can have many financial, personal, and medical concerns to take care of that take priority over filing a claim. Hire a distracted driving accident attorney who can help you. Your Gilbert distracted driving accident attorney can handle the details of your case while you focus on recovery.

The following are some of the countless things your distracted driving accident lawyer from Luis P. Guerra, L.L.C., can do for you:

• Evidence collection. Evidence that the other drivers were distracted is key to a successful claim. Your personal injury attorney in Gilbert can gather security footage, medical or police reports, phone records, and other supporting evidence to show negligence.
• Speak with insurance companies. Your insurance provider may claim to care about helping people, but in reality, their only priority is profit. Your lawyer can argue with insurance companies, using their legal knowledge to appeal any denials or potentially negotiate a higher payout.
• Settlement negotiations. Less than one percent of all civil cases, which include distracted driving accident claims, are settled before a court verdict becomes necessary. Your Gilbert attorney can use their years of experience to fight for a settlement you deserve.
• Trial litigation. In the rare chance that your case goes to trial, your lawyer can represent you throughout all litigation. Trials can be lengthy and complex. Having someone on your side who has been in similar cases can make a positive impact on your case.

There are various categories of compensation you can receive during a settlement or trial outcome in your favor. The first type of damages you may receive is for any costs accrued directly from the accident, such as medical bills or vehicle repairs. Next are indirect effects on wealth, like lost wages or compensation for injuries that affect your earning capability. Finally, there are payments based on pain and suffering, or other harm the accident caused.

It can be beneficial to know the many ways you can be compensated when considering filing a claim.

How Much Does a Distracted Driving Attorney Cost in Gilbert, AZ?

The cost for your Gilbert distracted driving attorney depends on the details of your case, such as how many parties are involved, the amount of evidence, the cooperation of the negligent party, and the work hours it takes. A simple accident with video proof of the other driver on their phone will generally be cheaper than one with no witnesses, serious injuries, and a lengthy trial. Your lawyer can provide an estimation for how much your final bill may be.

Is There a Distracted Driving Law in Arizona?

There is a distracted driving law in Arizona for the operation of a phone or other wireless communication device while operating a vehicle. Arizona Revised Statutes 28-914 allows for the use of a device while stopped or parked, as well as hands-free phone calls. It does not specify for other distractions, such as eating or having a heated conversation with another passenger.

What if You Are Partially at Fault for a Distracted Driving Accident in Gilbert, AZ?

Some people involved in accidents may wonder if they can file a distracted driving accident claim in Gilbert if they are partially responsible for what occurred. Arizona is a comparative negligence state, meaning that you may be eligible for damages if you were partly responsible for any injury. You can get compensation as long as you can prove the other driver was distracted and liable.

What to Do if a Distracted Driver Hits You in Gilbert?

What you do right after a distracted driver hits you can make a difference in your case. The first thing you should do is check for any injuries that require immediate medical attention. If you and other passengers are uninjured, exchange contact and insurance information with the driver who hit you. Next, collect evidence of the scene. Photos of the crash, witness testimonies, and video recordings can help prove the other driver was negligent.

Contact us today for a free initial consultation where we can learn the details of your distracted driving case and begin discussing your legal options. You may also visit our Phoenix office, located on the corner of East Osborn Road and North 12th Street, diagonal from the Phoenix County Club.