What Can You Get as Compensation After a Distracted Driving Accident?

Young female driver using cellphone to text message while driving a car

Distracted driving is one of the most significant causes of car accidents in the United States. Most accidents that result from distracted driving lead to severe injuries and sometimes the victims’ death.

“If you are a victim of distracted driving, you deserve compensation from the driver and their insurance company,” says car accident attorney Daniel Libbey of Libbey Law Offices, LLC. “It does not matter whether you were the driver in the car, the passenger, or a pedestrian. You should speak with a competent injury lawyer to learn about your potential compensation.”

Common Car Accident Injuries

Distracted driving car accidents can cause short-term and long-term effects. Some car accident injuries may include:

  • Traumatic brain injuries
  • Neck and back injuries
  • Fractures and broken bones
  • Soft tissue injuries
  • Arm and leg injuries
  • Cuts and scrapes
  • Burns

Many of these injuries may not be evident immediately. Some take weeks or even longer before you can see their effect. In such situations, the adrenaline that flows in after an accident may cover up the pain, which makes you think you do not have any injury.

If you are a victim of distracted driving, you should always seek medical care at an emergency care room or clinic to evaluate your body for any possible injury. This way, you can also document that you received urgent medical care related to distracted driving accidents.

Types of Compensation for a Distracted Driving Accident

The various compensation available to victims of distracted driving accidents can be divided into compensatory and enhanced compensatory damages.

As soon as the victim establishes negligence, they can sum up the total financial and personal losses the accident has caused. The recovery categories in a car accident case from distracted driving include:

#1. Property Damage

If there is any damage to your vehicle, it can be recorded for further repairs, including bodywork and paint matching. In some cases, victims may collect reimbursement for personal property damaged or lost in the accident.

#2. Pain and Suffering

Some losses of car accidents may include mental issues, emotional distress, and other psychological harm.  A jury may need to decide the right compensation amount after presenting the case at trial.

#3. Medical Costs

Medical care caused by the crash, including emergency room costs, follow-up appointments, physical therapy, rehabilitation services, and hospital care are all compensable.

#4. Extra Expenses

If by any chance, you were forced to make payments because of the accident, these may be recoverable in a claim. These payments may be for rental cars, medical equipment, nursing care, prescription medications, and assistive devices.

#5. Lost Income

Victims will often be forced to take considerable time off work. You can get paid for your regular wages and any sick time or vacation days lost due to the injury, bonus pay, and employment benefits.

Some insurance companies may try to offer quick payments to victims, hoping they will accept them in exchange for losing the right to receive a higher amount later. As a victim, you should not accept a settlement before knowing the total cost of your losses from the accident.

Ways to Prove the Other Driver Was Distracted

Although each case is different, various types of evidence can help your attorney prove that the other driver was distracted while driving and, at that moment, caused your injury.

#1. Police Report

If you get injured due to any form of a car accident, be sure to contact the police to draw an official report for proper filing. These reports will come in handy when it is time to prove that the other driver was distracted before the accident. You want to ensure you give the responding officer the full details of what you saw the other driver doing.

#2. Photographs and Videos/ Surveillance Videos

Taking photos and videos of the other driver’s car immediately after the accident is another way to prove the driver was distracted. In some cases, the driver’s phone may have been within their reach at the time of the accident. Also, look around the accident scene to confirm if any shops around have surveillance cameras that may have captured something relevant to the case. 

#3. Witness Statements

Some people may have witnessed the accident, so jot down the names and contact information of any witnesses of the crash while at the scene. Witnesses may include other drivers, passengers, or pedestrians. 

If anyone witnessed the driver distracted right before the collision, their witness statements would be significant proof for the case. You can ask each witness to tell the responding police officer the full details of what they saw so that their statements can be added to the police report.

#4. Cell Phone Records

Taking note of the precise time of the accident and the relevant cell phone records of the other driver is also essential. It may not always be possible to obtain these records, but you can discuss the option of requiring the cell records with your attorney. Getting these records will help you prove your case as they will show when the driver received calls or text messages before the accident.


Distracted driving is not only seen as a traffic violation in several states but also exposes other drivers, passengers, and pedestrians to risk. Sometimes, the insurance company may refuse to accept your claim. At other times, they may offer an amount that is insufficient to settle your bills.

You should consult with a competent attorney. A good attorney can thoroughly examine the case and give you advice on how to win a personal injury lawsuit with the proper cost estimate. The lawyer can help you evaluate the damages and ensure your insurance company handles the matter fairly.


Hemant Kumar
Hemant Kumar is a project manager at Tridindia with more than nine years of commendable experience in writing about LMS, translation, and IT. His unmatched talent and passion for digital marketing gave him the opportunity to work as a multi-tasking project manager at TridIndia’s sister company, Link Building Corp. Today, he contributes to the world by imparting knowledge on SEO, link building and internet marketing etc., that helps business owners grow their online business.