Frequently Asked Questions About Car Accident Cases

There really is no such thing as a most dangerous form of distracted driving, since anything that takes a driver’s attention away from the road is dangerous. According to the National Highway Traffic Safety Administration, 3,450 people were killed in distracted driving accidents during 2016 alone.

Types of Driving Distractions

Unfortunately, our modern, always-connected lives provide plenty of opportunities for driver distraction. There are three primary types of driving distractions:

• Visual. Any person, object, or event that causes a driver to take his eyes off the road constitutes a visual distraction. It only takes a matter of seconds for a driver to miss spotting an obstacle in the road, drift out of his lane, or fail to notice that traffic is slowing ahead of him. Watching kids in the backseat, studying a map, or looking at the navigation system display are common visual distractions.
• Manual. If a driver takes one or both hands off the wheel, his vehicle can quickly drift into another lane. He also loses the ability to respond quickly to road hazards or other emergencies. A manual distraction is anything that causes a driver to remove his hands from the wheel, such as using an electronic gadget or reaching for items in the vehicle. Typical examples of manual distractions include texting, smoking, eating, and personal grooming.
• Cognitive. Even when a driver’s eyes are on the road and his hands are on the wheel—his mind may be elsewhere. He may be daydreaming, thinking about his plans for the evening, or reliving an argument he got into at work. Anything that causes a vehicle operator to think intently about something other than driving is a cognitive distraction, which can affect both judgment and reaction time. Talking with a passenger, driving under the influence of alcohol or drugs, and driving while fatigued are common cognitive distractions.

Receiving Compensation for Your Injuries

If you’ve been injured in a collision with a distracted driver, an experienced vehicle accident attorney can investigate to establish proof of the driver’s negligence and help you receive the compensation you deserve. To learn more, contact the Injury & Disability Law Center by clicking the Live Chat button on this page.

Related Links: Five Things to Avoid After a Car Accident Car Accidents Cause Devastating Injuries Health Insurance Questions After a Car Accident

 

Yes

Explanation:

When your health insurer pays for your medical expenses for treatment caused by someone else’s negligence, and you ultimately recover monetary damages from that negligent person, your health insurer has a right to be reimbursed (these are called rights of subrogation) from you out of the accident money you received. 

Here is the reasoning - Your settlement money from the negligent driver’s insurance included payment to you for medical bills resulting from your treatment.  But your health insurer also paid you (by paying the health care provider) for those same medical bills. 

To allow you to be paid for the medical bills, while also having your own health insurance pay for those same bills, is the legal equivalent of “double dipping”.  Instead, your health insurer has a legal right of subrogation (i.e. right of reimbursement) that requires you to reimburse them in the amount they paid on your behalf for treatment resulting from the accident.

Keep in mind, if you do not ultimately make a recovery from the responsible driver, either because they didn’t carry insurance, or for any other reason, you would not be required to reimburse your health insurer anything.  Your health insurance company’s subrogation rights are triggered only upon your receipt of monetary damages from the negligent party. 

This answer provides a simple explanation, but there are often more complex factors involving subrogation rights, including the amount that must be reimbursed.   For this reason, we recommend seeking legal counsel to help ensure all of your legal rights and remedies are considered when dealing with issues of reimbursement. 

Call us for a free consultation to see how we can help you.