Practice Areas
Distracted Driving Accidents
Why Hire Hastings & Hastings?
Millions Recovered for Our Clients
We have recovered millions of dollars for our clients. Our proven track record showcases our commitment to obtaining substantial verdicts and settlements, reflecting the true value of our clients’ cases.
Free Initial Consultation With a Licensed Attorney
We offer a free initial consultation, and it is always with an experienced and licensed personal injury attorney. You start off on the right foot with direct access to qualified advice from a trained professional without any cost or obligation rather than speaking with an assistant or a paralegal.
More Than Four Decades of Legal Experience
We have more than 4 decades of legal experience. This has given us an in-depth understanding of personal injury law, allowing us to fight for what you truly deserve.
Meet Our Founding Attorney
Founding attorney David G. Hastings created Hastings & Hastings in 1981. After graduating from the University of Arizona in business administration and law, Mr. Hastings began his legal career working for insurance companies, eventually shifting to represent victims of negligence. Since then, Mr. Hastings has become known as “The Discount King”, nicknamed by the Arizona Business Gazette, because he works hard to save his clients money.
In addition to working hard to advocate for his clients, Mr. Hastings is involved in local philanthropy. He is involved in supporting organizations such as Special Olympics Arizona and Phoenix Children’s Hospital, as well as helping build homes in Mexico with 1Mission.
How an Attorney Can Help You With a Distracted Driving Case
When you’re facing the aftermath of a distracted driving accident, an experienced attorney can help protect your rights and guide you through the legal process. Here’s how they can do this:
- A lawyer provides legal advice regarding your rights and options as an accident victim, giving you an idea of what you may be entitled to going forward.
- They will help you gather evidence to build a strong case that demonstrates the other party’s negligence, including medical records, eyewitness statements, and accident reports.
- An attorney assists in accurately estimating the full extent of your damages – from medical expenses to lost wages and pain and suffering – to ensure you’re seeking appropriate compensation.
- Dealing with a distracted driving accident case doesn’t have to be challenging and done alone – with a dedicated attorney by your side, you can focus on your recovery while they focus on the legal aspects of the case.
Potential Liability in a Distracted Driving Case
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Distracted Driver
The primary source of liability typically lies with the driver whose distraction caused the accident. Texting, eating, or using a navigation system are all unfortunately common actions that pull a driver’s attention away from safely operating their vehicle and lead to them being held responsible for an accident.
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Employer of the Distracted Driver
If distracted driving occurred in the course and scope of employment (like a delivery person scanning receipts or looking at maps while driving), that individual’s employer might also be liable under vicarious liability laws.
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Victim Could Share Partial Liability
In some cases, the victim might also bear a portion of the liability for an accident. Arizona follows a legal doctrine known as pure comparative negligence. This means that if your case goes to trial, any compensation awarded will be reduced based on your percentage of fault in contributing to the accident.
2-2505. Comparative negligence; definition
- The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant’s action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant’s fault which is a proximate cause of the injury or death, if any
For instance, if you were found 10% at fault for not using your turn signal and another party was found 90% responsible for running a red light while speeding, your damages would be reduced by 10%.
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Product Manufacturer
If it is found that a defect in the vehicle or one of its components contributed to the accident, such as faulty brakes, defective tires, or issues with steering mechanisms, the manufacturer of those products could potentially be held liable. Under product liability law, companies are responsible for ensuring their products do not pose unnecessary risk when used as intended.
While this is not an exhaustive list of potential sources of liability in a distracted driving case, this is a good overview. A Phoenix car accident lawyer can ultimately help you make this determination.
Compensation You Can Recover in a Phoenix Distracted Driving Case
Medical Costs
This includes immediate and long-term expenses – from emergency services and hospitalization to rehabilitation and ongoing care.
Lost Income
If your injuries have led to missed work or diminished earning capacity, you can claim lost wages.
Property Damage
You’ll likely be able to seek compensation for repairs or replacement if your vehicle was damaged in the accident caused by a distracted driver.
Pain and Suffering
These non-economic damages cover physical pain as well as emotional distress coming from the collision.
Loss of Quality of Life
If your injuries from the accident result in a lasting disability or chronic pain that alters your ability to enjoy life as you did before, compensation for this loss may be available.
Punitive Damages
In instances where the distracted driving behavior was particularly egregious, you might also be awarded punitive damages intended to punish the defendant for their behavior and deter future negligence.
Navigating the financial and emotional toll of a distracted driving incident can be overwhelming, but you don’t have to do it alone. Contact Hastings & Hastings for help determining what you may be entitled to.
You pay nothing upfront and nothing out of pocket. Hastings & Hastings only gets paid if your case results in a recovery.
Hastings & Hastings is known for its 29% settlement fee, giving clients a more affordable way to get experienced legal representation.
Compared to firms that charge 33.33%, our lower fee structure gives Hastings & Hastings a meaningful cost advantage.
Our Accident & Injury Attorneys Can Help
If you’ve been impacted by a distracted driving accident in Phoenix, your first step towards justice is just a phone call away. Contact Hastings & Hastings now to schedule your free consultation and let our experienced professionals guide you through the process of determining fault and seeking rightful compensation for your losses.
Free Consultation
Talk with Hastings & Hastings about your case
If you were hurt in an accident, our team is here to listen, answer your questions, and help you understand the next step.
