Our Brand Is Excellence

The Risks of Distracted Driving and Its Impact on Personal Injury Cases

by | Jun 18, 2023 | Auto Accident, Firm News

Distracted driving has become one of the leading causes of accidents and fatalities on the roads today. With the growing reliance on smartphones and other technology, drivers are more prone than ever to taking their attention away from the road. Whether it’s texting, talking on the phone, adjusting the GPS, or even eating, distractions behind the wheel can have devastating consequences. Distracted driving not only endangers the driver but also puts passengers, pedestrians, and other motorists at significant risk. Understanding the dangers of distracted driving and its implications for personal injury cases is crucial for anyone involved in an accident.

Common Types of Distracted Driving

Distracted driving typically falls into three categories: visual, manual, and cognitive distractions. Visual distractions occur when a driver takes their eyes off the road, such as looking at a phone or checking a navigation system. Manual distractions happen when the driver takes their hands off the wheel to perform tasks like texting, eating, or adjusting the radio. Cognitive distractions, perhaps the most dangerous, involve the driver’s mind being occupied with something other than driving—this could include daydreaming, talking to passengers, or being preoccupied with personal concerns.

Texting while driving is often considered the most dangerous form of distraction because it involves all three types of distraction simultaneously: the driver looks at their phone (visual), types a message (manual), and focuses on the conversation instead of the road (cognitive). However, even seemingly minor distractions, like reaching for something in the backseat or glancing at a billboard, can cause accidents. The rise of in-car technology, such as touchscreens and voice-activated controls, has added another layer of potential distractions that can contribute to accidents.

The Dangers of Distracted Driving

The consequences of distracted driving are severe and can result in accidents that cause serious injuries or death. When a driver is distracted, their reaction time is significantly delayed, making it harder to respond to sudden changes in traffic, such as another vehicle braking or a pedestrian crossing the street. A momentary distraction can lead to rear-end collisions, side-impact crashes, and even head-on accidents. According to the National Highway Traffic Safety Administration (NHTSA), thousands of people die each year due to distracted driving, and many more are injured in preventable accidents.

Injuries caused by distracted driving accidents can range from minor bruises and whiplash to more serious injuries such as broken bones, traumatic brain injuries, spinal cord damage, and internal organ injuries. Victims of distracted driving accidents may face long-term consequences, including chronic pain, disability, and the inability to return to work. In the most tragic cases, distracted driving leads to fatalities, leaving families devastated by the loss of a loved one. These accidents are entirely preventable, making the need for awareness and legal action even more critical.

Legal Implications in Distracted Driving Accidents

In the event of a car accident caused by distracted driving, the at-fault driver may be held liable for the injuries and damages caused. Proving that distracted driving played a role in the accident is crucial in personal injury cases. Evidence such as phone records, witness statements, and traffic camera footage can help establish that the driver was not paying attention to the road at the time of the accident. In cases where distracted driving is proven, victims may be entitled to compensation for medical expenses, lost wages, property damage, and pain and suffering.

Distracted driving accidents often involve complex legal issues, especially when it comes to proving negligence. Insurance companies may attempt to downplay the role of distraction in the accident or shift the blame to the victim. This is where having an experienced personal injury attorney becomes essential. A knowledgeable lawyer can gather evidence, work with accident reconstruction experts, and build a strong case to hold the distracted driver accountable for their actions.

In some cases, punitive damages may also be awarded if the distracted driving was particularly reckless or egregious. Punitive damages are designed to punish the at-fault driver for their negligence and to deter others from engaging in similar behavior. For example, a driver who was texting while speeding through a school zone may be subject to punitive damages due to the heightened level of recklessness involved.

Protecting Your Rights After a Distracted Driving Accident

If you or a loved one has been injured in an accident caused by distracted driving, it is essential to consult with a personal injury attorney to protect your rights. The aftermath of an accident can be overwhelming, especially when dealing with medical bills, insurance companies, and the emotional toll of the event. A skilled attorney can handle the legal aspects of your case, ensuring that you receive fair compensation for your injuries and losses.

At Spagnoletti Law Firm, we have extensive experience representing clients injured in driving accidents. Our attorneys understand the complexities of these cases and are committed to fighting for justice on behalf of our clients. We will investigate the circumstances of your accident, gather evidence to prove negligence, and work tirelessly to secure the best possible outcome for your case. Contact us today for a free consultation to learn more about how we can help you recover from your injuries and move forward with your life.

The experienced attorneys at Spagnoletti Law Firm can help you understand your rights if you or a loved one was a victim of an auto accident.  Please contact us online or call 713-804-9306 or to learn more about your legal rights.