In today’s world, there are more distracted drivers on the road than you would realize.
Mobile phones are just one of the reasons why this is the case, and drivers can easily get distracted by changing the radio, eating food, or just about anything else that can take their focus away from the road.
This, unfortunately, means car accidents as a result of distraction are becoming more and more prevalent, which is why we’ve created this guide, where we’ll walk you through all the steps you need to take if you have been involved in a car accident with a distracted driver.
Distracted Driving and Legal Recourse
Distracted driving is a huge risk to any driver on the road.
It’s all too easy to lose focus for even a split second, but how is this defined in law, and what does it mean for legal consequences if an accident occurs?
Defining Distracted Driving
Distracted driving occurs when a driver engages in activities that take their focus away from the primary task of driving. This includes anything from using the cell phone to eating, adjusting the radio, or even daydreaming.
Texting while driving is the most prevalent of these issues, as it takes 100% of the driver’s attention away from the road. Due to this, a lot of states have implemented specific laws against texting while driving – 49 to be precise.
Eating while driving, though common, can also be hazardous. It requires taking at least one hand off the wheel and diverts attention from the road.
State Laws and Legal Consequences
Distracted driving laws vary by state, but most have regulations in place to combat this issue.
Many states prohibit handheld cell phone use while driving.
Penalties for this can include fines, license suspension, and even jail time in severe cases.
Repeat offenders are usually given much more severe punishments (typically jail time).
In the event of an accident caused by a distracted driver, the at-fault party may be held legally responsible for damages and injuries. This can result in civil lawsuits and significant financial liability.
Types of Distractions: Cognitive, Manual, and Visual
Cognitive distraction simply means anything that takes the driver’s mind off the road.
For example, daydreaming, fatigue, or engaging in a conversation.
Manual distractions require removing one or both hands from the steering wheel. This includes activities like eating, drinking, or adjusting vehicle controls.
Visual distractions take a driver’s eyes off the road. Looking at a GPS device, reading a text message, or searching for items in the car fall into this category.
Some activities, like texting while driving, involve all three types of distractions simultaneously, making them especially dangerous.
Legal Actions and Recovering Damages
It’s important to act quickly if you’re involved in an accident with a distracted driver – here are the main legal steps to take.
Immediate Steps Post-Accident
Contact the police immediately to file an official report. This document serves as crucial evidence in legal proceedings. Gather contact information from witnesses and take photos of the accident scene, vehicle damage, and any visible injuries.
You should always seek medical attention as quickly as possible, even if you don’t feel any injuries right away. Medical records are super important for your case and can be used as evidence.
Avoid discussing fault or making statements to the other driver’s insurance company without legal counsel. These communications can potentially harm your case.
Building a Personal Injury Case
Consult a car accident lawyer specializing in distracted driving cases.
If you’re struggling to find one, consider using The Accident Helpers, as they specialize in this.
They can guide you through the legal process and help build a strong personal injury case.
Collect evidence to prove the driver’s negligence:
- Cell phone records
- Witness statements
- Video footage from traffic cameras or nearby businesses
- Expert testimony on distracted driving behaviors
Your attorney will use this evidence to establish the driver’s fault and demonstrate how their actions led to your injuries and losses.
Compensation Types and Calculating Damages
Victims may be eligible for various forms of compensation:
- Medical expenses (current and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Property damage
Calculating damages involves both economic and non-economic losses – economic meaning things you can put a number on like medical bills, and non-economic meaning things that are harder to quantify like pain and emotional suffering.