Great Falls Distracted Driving Accident Lawyer

Trusted Distracted Driving Accident Attorney in Great Falls, MT

Drivers can become distracted anywhere on the roads of Great Falls, whether along congested corridors like 10th Avenue South, Interstate 15, or roadways outside of downtown Great Falls. Distracted driving often involves cellphones, but motorists also may become distracted by other things that take their mind, eyes, and/or hands off the road. A Great Falls distracted driving accident lawyer can investigate whether distraction played a role in a crash.

A Great Falls Distracted Driving Accident Attorney Committed to Protecting Your Rights

Bliven Law Firm, P.C., has advocated on behalf of injured victims for over 30 years. Attorneys at Bliven Law Firm, P.C., represent clients in personal injury claims across Montana. Bliven Law Firm, P.C., typically attempts to resolve cases without going to court if a reasonable settlement is offered. When negotiations fail to produce an acceptable result, the law firm has successfully litigated claims.

Understanding Distracted Driving in Montana

Distracted and inattentive driving continues to be a problem on Montana’s highways. According to NHTSA’s Fatality Analysis Reporting System, 9% of fatal crashes in Montana involved a distracted driver, and 13% of drivers aged 20 and under who were in fatal crashes were distracted.

Drivers who take their eyes off the road even for just a few seconds can cause serious consequences, particularly on roads with higher speed limits like I-15 and U. S. Highway 87. A vehicle’s speed can make a large difference in a driver’s field of vision. Distraction-related crashes can happen quickly when a driver is looking away from traffic for just a few seconds.

Examples of Distracted Driving

Distraction and inattention occur whenever a driver takes their focus off the task of safely operating a vehicle. Texting is one of the most well-known forms of distracted driving, but it is far from the only way a driver can cause a preventable collision. Examples of distracted driving are listed below:

• Reading text messages
• Sending emails
• Using GPS
• Eating
• Reaching for something in the back seat
• Looking at something other than the road in front of you

Texting while driving is particularly dangerous because it combines multiple sources of distraction. Reading or sending a text can make drivers take their eyes off the road, remove their hands from the steering wheel, and focus on something other than driving.

Distracted Driving Accident Laws in Great Falls

Great Falls prohibits drivers from using some kinds of electronic devices. In Great Falls, Section 10.39.110 of the city code makes it unlawful for anyone operating a motorized vehicle or bicycle on public roads to use a handheld electronic device for calls or to handle electronic data.

A ticket for violating this law can result in a fine. Cellphone records and other forms of evidence can also establish whether a driver was using their phone before causing a crash. Evidence of a traffic violation can help prove negligence in a distracted driving accident claim.

In addition to the local ordinance, Montana prohibits careless driving. As outlined in Montana Code Annotated § 61-8-302, the law requires drivers to operate their vehicles with caution and care, avoiding any unnecessary or unreasonable risks to others or their property.

It’s important to note that driving while distracted is not inherently negligent. A driver’s actions moments before a crash are relevant, but liability for a collision focuses on the causes of a crash. Even if someone was using their phone or otherwise negligent before a crash, they may not automatically be liable for an accident. Liability for a crash depends on whether a driver caused a crash or contributed alongside another driver.

Hire a Distracted Driving Accident Lawyer in Great Falls

Collision investigation is one reason to hire a distracted driving accident lawyer. A lawyer can review the available phone records and secure them by subpoena if necessary. An attorney can take statements from witnesses, review video from security cameras or police bodycams, analyze police reports, and request other records that might describe a driver’s actions before a crash.

Your attorney can document your damages associated with the accident and handle negotiations with insurance companies. If a fair settlement cannot be reached, your lawyer can conduct discovery, secure testimony and records, and present evidence to a court concerning both distraction and liability. You can discuss your legal options with a Great Falls distracted driving accident attorney.

FAQs

What Should I Do Immediately After a Distracted Driving Accident?

Immediately after a distracted driving accident, get to a safe location if possible and call law enforcement if there are injuries or extensive property damage. Take photos of the vehicles, road, and general surroundings. Get the other driver’s contact and insurance information, but do not argue if you suspect the driver was using a cellphone. If you are injured, seek medical treatment and save copies of any documentation related to the accident and recovery.

What if the Distracted Driver Says They Were Not on Their Phone?

If the distracted driver says they were not on their phone, it does not mean an injured victim cannot pursue a claim. Evidence such as witness testimony, video or photo footage, vehicle data, and information learned during litigation can help paint a clearer picture of what happened leading up to a collision.

Can a Passenger Be Responsible for Distracting a Driver?

A passenger can have some responsibility for distracting a driver, but ultimately it is the driver’s responsibility to drive without distraction. Legally speaking, liability rests with the driver. That said, there could be questions raised if a passenger was engaging in unusual behavior that caused the driver to take their attention off the road.

Does Talking on a Hands-Free Device Count as Distracted Driving?

Talking on a hands-free device may count as distracted driving. While hands-free usage eliminates some physical and visual distraction risk, it does not necessarily prevent cognitive distraction. Someone can still focus on their conversation instead of paying attention to traffic.

Whether hands-free cellphone usage creates liability depends on the facts of the case. In a claim for injuries, the main question is typically whether a driver’s distraction contributed to the collision.

Schedule a Consultation With an Experienced Local Great Falls Distracted Driving Accident Attorney

If you were injured or suffered other losses in a distracted driving accident, Bliven Law Firm, P.C., can help you seek compensation. Schedule a consultation with us to learn about your legal options.

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