How are we going to pay her medical bills? What are our next steps for his rehabilitation and future care? Family members of a loved one who has suffered a traumatic brain injury are forced to ask these and many other questions every day. In some instances, it may be even more painful for family members to cope knowing that this injury was a result of someone else’s distracted driving. Recently, a woman who suffered a traumatic brain injury due to a teenager’s actions is sharing her experience with others as an advocate for not texting while driving.
The woman, who was in a coma after suffering a traumatic brain injury and numerous broken bones, is speaking about the car accident which led to her injuries. The woman was in a car driven by her mother when an 18-year-old, distracted by his cell phone, ran a red light. This caused an 18-wheel truck to swerve and crash into the vehicle that the woman, her mother and her father were in. The woman’s mother and father died as a result of the crash. Now, the woman has become an advocate of not being distracted by cellphones while driving.
Loved ones of those injured by a car accident may seek damages through a negligence claim against the person at fault. The general standard for those driving a vehicle is reasonable care, and the failure to abide by this standard may be seen as negligence. To prove negligence, the plaintiff must prove that the accused failed to use reasonable care, which was a proximate cause of the incident and the plaintiff suffered injuries as a result of the incident.
Talking and texting on cell phones may distract drivers and lead to serious injuries, and sometimes even death. Drivers should eliminate possible causes of inattentiveness in the car to prevent injuries, such as the woman above has suffered. While the medical bills and rehabilitation costs may be daunting for family members of the injured, a negligence claim may provide assistance for the monetary losses.
Source: White Plains Daily Voice, “Crash Victim Tells Teens In White Plains To Ex The Text,” Brian Donnelly, Nov. 27, 2012