Injuries from distracted driving accidents aren’t just scrapes and bruises. Depending on how severe the crash is, people can end up with broken bones, head trauma, internal injuries, or even long-term disability.
If you want a picture of the common injuries in distracted driving accidents, think about things like spinal damage, concussions, and chronic pain that can last for years.
The good news is that there are avenues designed to help you recover not just physically, but financially and emotionally, too. If you’re unsure about what your next step should be, talk to someone who knows how this works. It’s your right to get compensated for what you’ve lost, and the law gives you more than one way to make that happen.
Legal Avenues for Victims After a Distracted Driving Accident
Insurance
The first place most victims turn is the other driver’s insurance company. However, insurance companies often do everything they can to pay as little as possible. That’s just how they work. They might offer a lowball settlement, delay the process, or try to argue that your injuries aren’t as serious as they really are.
This is where having a lawyer really helps. A personal injury lawyer can step in and deal directly with the insurance company for you. They understand how to calculate the real value of your damages, and they negotiate to make sure you’re not being shortchanged.
But sometimes, the insurance route just isn’t enough. Maybe the other driver doesn’t have enough coverage. Maybe they’re denying fault. That’s when you start looking at filing a lawsuit.
Filing a Personal Injury Lawsuit
If the insurance company isn’t offering enough to cover your losses or they’re just not cooperating, you can file a personal injury lawsuit. In a lawsuit, your legal team can build a full case to prove that the other driver was negligent.
And yes, proving that someone was distracted is a real part of this. You’ll need evidence. That could mean pulling their cell phone records, using footage from a dashcam or traffic camera, finding eyewitnesses who saw them on their phone, or getting an expert to analyze the accident scene. Police reports also play a big role here.
Once negligence is proven, you can seek a wider range of damages through a lawsuit than through just an insurance claim. We’re talking about pain and suffering, emotional distress, and even long-term disability compensation.
A solid lawsuit doesn’t just look at the immediate costs; it also looks at how the accident will affect your life years down the road.
Tort Claims
In some states, especially if you’re in New York, you’ll also hear about something called a tort claim. This is basically a separate legal route that becomes available if your injuries are serious and permanent enough.
If you meet the threshold (if you’re dealing with long-term disability or you can’t go back to work), then a tort claim can help you recover more compensation than what’s covered by basic insurance.
Tort claims go beyond just medical bills. You can ask for money to cover things like home care, future income you won’t be able to earn, and even pain and suffering. It’s not automatic, though; you have to prove that your injuries meet that legal threshold, and that’s something a lawyer would help you determine based on your situation.
Who Can Actually File a Legal Claim?
Most people assume that only the person injured in the accident can file a claim, but it’s actually broader than that. The driver or passenger who got hurt definitely has the strongest case, but if someone dies in the crash, their family can file a wrongful death claim.
Even if you were a passenger in the distracted driver’s car, you might still have a case. And yes, that’s awkward when the driver is a friend or relative. But personal relationships don’t cancel out your legal rights. You were hurt, and you’re entitled to be compensated, period.
Furthermore, if the driver who caused the accident was working at the time, maybe driving a delivery van or working for a ride-share company, their employer could be held responsible.
That’s a significant difference because companies usually have commercial insurance policies, which often have much higher coverage limits. That means more money is available to cover serious injuries.