When you have been a victim of a distracted driver that caused a car accident, the last thing you expect is for your own personal injury attorney to be just as unfocused or distracted as well. If your personal injury attorney is missing deadlines or failing to communicate, they are essentially repeating the negligence that caused your injury in the first place, and they may be putting your settlement at risk. In a personal injury case, timing and attention to detail are everything. Fortunately, you have the right to switch personal injury attorneys at any point in your case. Don’t be a victim twice!
New Laws Making It Necessary to Have a Fully Focused Personal Injury Attorney Handling Your Case
As of January 2026, new federal and state driving laws have significantly increased the penalties for distracted driving, making it more critical than ever to have an attorney who is fully engaged in your case.
Why Focus is Critical in 2026
With the implementation of the New January Driving Law 2026, many states have moved to a zero-tolerance enforcement model for handheld device use. This means the legal landscape for your personal injury case is shifting:
Stricter Penalties: Distracted driving now carries higher fines and license points, which can be used as strong evidence of negligence in your personal injury case.
Uniform Standards: A new federal rule now requires states to adopt uniform restrictions on mobile devices, simplifying the process of proving a driver was at fault across state lines.
Enhanced Evidence: Law enforcement is increasingly using automated detection and high-visibility enforcement during peak periods like the national “Put the Phone Away or Pay” campaign in April 2026.
Red Flags: Is Your Personal Injury Attorney “Distracted”?
In a case involving distracted driving, your personal injury attorney needs to be laser-focused on gathering evidence like phone records or witness statements and needs to act quickly to secure cell phone footage and surveillance video. Common signs that your personal injury lawyer has lost focus include:
Poor Communication: They consistently fail to return phone calls or emails for days or weeks.
Missed Deadlines: They miss court filings or insurance response dates.
Lack of Preparation: They seem confused about the basic facts of your accident during meetings.
Pressure to Settle: They push you to accept a lowball offer just to close the file quickly.
Failure to Research: They are unaware of the new 2026 driving regulations affecting your case.
Failure to Strategize Correctly: They fail to mention the three types of distraction (visual, manual, and cognitive) in their strategy.
Slow to Investigate or Inadequate Investigation: They are slow to investigate the at-fault driver’s history of repeat violations, which could lead to punitive damages.
The Consequences of Stagnation
A distracted personal injury lawyer can cost you more than just time. Victims of distracted driving car accidents often face catastrophic injuries such as traumatic brain injuries or spinal cord damage. Without a focused attorney, you risk:
Lower Settlements: Missing the chance to prove the driver was 23 times more likely to crash because they were texting.
Lost Compensation: Failing to account for long-term loss of earning capacity or ongoing rehabilitation costs.
Statute of Limitations Being Blown: Simply missing the filing window because your personal injury attorney “zoned out” on your timeline means that your personal injury case is gone forever and now you may have to seek compensation from the attorney that blew the deadline by filing a malpractice claim against that attorney, which are more time consuming and expensive than filing just a lawsuit or claim for car accident injuries.
How the Switching Process Works
Great news! Switching is often simpler than clients realize. You do not need your current lawyer’s permission to move on, and in most cases, it won’t cost you more.
Hire the New Personal Injury Firm First: Do not fire your current personal injury attorney until you have a new personal injury attorney ready to take the case. This prevents any gaps in representation for your car accident claim that could lead to missed legal deadlines.
The “Stop Work” Letter: Your new personal injury attorney will typically handle the “breakup” for you. They will send a formal written termination notice to your old personal injury lawyer/law firm and request your complete personal injury case file.
Substitution of Counsel: If a lawsuit has already been filed in court, your new personal injury lawyer will file a Substitution of Counsel. This is a formal notice to the judge and the opposing side that you have a new representative.
Handling Fees: You generally do not pay two separate fees. Instead, the single contingency fee is split between the old and new personal injury lawyers based on the amount of work each performed.
When Is It Too Late?
While you can switch at nearly any time, it becomes more difficult the closer you get to a trial date. Judges may deny a substitution request if they believe it is a tactic to delay the proceedings. The only time it is truly “too late” is after you have already signed a settlement agreement.
Don’t be a victim twice! You can switch the handling of your distracted driving claim to a laser focused personal injury attorney who will give you the time and attention that you need and deserve. After all, you are paying your personal injury lawyer, so they should do a great job for you, including communicating at ALL times, not just when it is convenient or not just by having staff call for them. You should and must have personal access to your personal injury attorney to discuss all aspects of your claim at all times. If you have not spoken with your personal injury lawyer ever or in a very long time, call Kim Welch Law today at 888-590-5510 to set up a free consultation or you can reach us at kimwelchlaw.com/contact or by chatting with us on our website at kimwelchlaw.com. We can help you breakup with your current personal injury lawyer and get your personal injury claim back on track!