Can I File A Personal Injury Claim Against A Driver Who Hit Me While Smoking?
If you have been injured in a car accident that occurred because the other driver was smoking, you might be asking yourself if you can file a claim against them and obtain compensation. Well, can you sue a driver who hit you while smoking? Yes, you can sue a driver who hit you while smoking because smoking while driving is a form of distracted driving behavior, thus a form of negligent conduct. When a driver’s negligence results in injuries, they are liable for the accident that occurs due to their negligence and the victim’s injuries and damages. However, before filing a claim, it is crucial that you consult a skilled attorney who can help you evaluate your case and legal options.
Dangers of Smoking While Driving
Several dangers present themselves as a result of smoking while driving. For example, when someone is trying to light their cigarette, they might not be able to see the road clearly. Also, it is usually hard, if not impossible, for a smoking driver to keep both hands on the wheel. This is because, for a driver to smoke, they need to hold the cigarette with one hand. Basically, the major danger that comes with smoking while driving is distractibility. Below are the three types of driving distractions that can be caused by smoking while driving;
- Visual distraction
- Manual distraction
- Cognitive distraction
Suing a Driver Who Hit You While Smoking
Since smoking is considered distracted driving, thus negligent behavior, you can sue a driver who hit you while they were smoking. The amount you will recover after filing your claim will depend entirely on the specifics of your case. However, your damages could include compensation for financial losses such as medical bills and lost wages. Depending on your case’s specifics, you might even be able to ask for additional amounts to compensate you for emotional and mental anguish and pain and suffering. Lastly, when it comes to obtaining compensation from a driver who hit you while they were smoking, it’s crucial for you to keep in mind that, if you are found to be partially at fault for your accident, the compensation you receive will be reduced by your percentage of fault.
What Does Research Say About Smoking and Auto Accidents?
Research shows that smoking can be a risk factor for traffic accidents. In fact, according to one study published by the National Institute of Health, cigarette smoking produces a remarkable risk for road safety, more than mobile phone use. According to the study, the average of measured driving distraction of smokers is about 12 seconds, whereas the average driving distraction of texters is 10.6 seconds. Usually, the longer the driving distraction, the more likely a driver is to cause an accident.
Contact Us for Legal Help
If you’ve been hurt by a smoking driver, an experienced attorney can help. Our West Palm Beach personal injury attorneys at The Pendas Law Firm have years of experience helping people like you. We can help you hold the at-fault driver responsible and obtain the compensation you deserve. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Ocala, Tampa, Orlando, Daytona Beach, Bradenton, Jacksonville, Miami, Fort Myers, and Fort Lauderdale areas.
Resource:
pubmed.ncbi.nlm.nih.gov/17658112/
