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Distracted Driving Accidents

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Distracted Driving Accident Attorney

Serving Kansas City, Independence, Blue Springs & Lee’s Summit

Distracted Driving Facts

Over the last five years, a large percentage of our motor vehicle accident cases have involved collisions that arise from cell phone use while driving. Although a majority of these cases concern drivers who caused a crash because they were talking or texting on his or her phone, we are seeing more distracted driving accidents where people are manipulating phones to read or send email, navigate, listen to music, or access applications.

The distracted driving crisis is not limited to teen drivers. In fact, as more people rely upon phones to conduct business, adults now represent the largest class of distracted drivers both here in Missouri and across the country. From a legal standpoint, distracted driving law cases need to be handled with special consideration for the following reasons:

    • Drivers using cell phones are so distracted, they have no time to brake or otherwise avoid a collision.  Distracted driving crashes tend to involve more severe impacts and are likely to cause more serious injuries to the head, neck, and back of a restrained driver.
    • While accident investigations and accident reconstructions play an important role in proving distracted driving, cell phone records are very helpful in establishing the transmission of voice and data at certain times. This is why attorneys who concentrate in distracted driving cases will often seek to preserve the adverse driver’s cell phone in order that specific data can be retrieved from the cell phone memory as to specific data transmissions. Moreover, the reason why it is important to examine the cell phone and corresponding records is because the large majority of distracted drivers who cause accidents will deny that they were using the phone just before the collision.
    • Distracted driving can be more dangerous than drunk driving and the cases demand more aggressive legal action. The large majority of drivers who are guilty of causing a collision while using a cell phone will admit that they know that this type of conduct is extremely reckless and likely to cause serious injury or death in the event of a collision. Therefore, these cases must be handled as “aggravated negligence cases” and the defendant drivers need to be held accountable to the full extent of the law.
  • Every distracted driving case involves special considerations, as such, early legal consultation is recommended. When our law firm is retained, we can begin the investigations to help establish the evidence that will prove distracted driving. We can set a case strategy and make sure all of the insurance claim communications are handled properly and within the law.

Legal representation is vital in any motor vehicle accident that causes serious injury or wrongful death. Because thorough investigations, special accident re-construction, experts, and extensive discovery are required, it is important that you retain an attorney who is experienced with similar cases.

Our law firm handles these cases on a contingent fee basis which means the distracted driving accident attorney fee is a percentage of the total settlement or recovery. This arrangement works well for the client as he or she is able to focus on recovery without having to worry about the insurance claim. For case evaluation or referrals, contact Horn Law’s Lead Personal Injury Attorney Doug Horn.


 

In addition to his motor vehicle accident law practice, Horn is a frequent presenter in the area of distracted driving facts. He has lectured to attorneys nationwide, including the continuing legal education courses Proving Distracted Driving and Distracted Driving Accident Claims Involving Mobile Devices, Special Considerations and New Frontiers in Legal Liability. Horn has written numerous distracted driving articles and is also actively involved in Distracted Driving Prevention programs across the state.

Horn Law offers you a free investigation. Legal consultation, case assessments, and examinations from an experienced personal injury attorney are important when you are working with insurance claim agents or other insurance company representatives. Contact Horn Law at 816-795-7500 free of charge for legal consultation.

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