Distracted driving is a growing problem on today’s roads, contributing to thousands of accidents, injuries, and fatalities every year. Whether it’s texting behind the wheel, adjusting the radio, or simply not paying attention, distracted driving can lead to serious consequences for both the driver and other road users. If you’ve been injured in an accident caused by a distracted driver, you have the right to seek compensation for your injuries and damages. Understanding the risks of distracted driving and knowing what to do after an accident can help protect your rights and ensure you receive the compensation you deserve.
What Is Distracted Driving?
Distracted driving occurs whenever a driver’s attention is diverted from the road, preventing them from safely operating their vehicle. While many people associate distracted driving with texting or talking on a cell phone, distractions can come in many forms. The three main types of distractions are:
- Visual Distractions: These occur when the driver takes their eyes off the road. Examples include looking at a GPS, checking a cell phone, or even watching something happening outside the vehicle.
- Manual Distractions: These distractions involve taking one or both hands off the wheel. Common examples include eating, adjusting the radio, or reaching for an object in the car.
- Cognitive Distractions: Cognitive distractions happen when the driver’s mind is not focused on driving. This can include daydreaming, talking to passengers, or being lost in thought.
Texting while driving is particularly dangerous because it involves all three types of distractions at once—taking your eyes off the road, hands off the wheel, and mind off driving. Even a momentary lapse in attention can lead to catastrophic accidents, especially at highway speeds or in heavy traffic.
Common Accidents Caused by Distracted Driving
Distracted driving can result in a wide range of accidents, from minor fender benders to devastating collisions. Some of the most common types of accidents caused by distracted driving include:
- Rear-End Collisions: When drivers are distracted, they may fail to notice that the traffic ahead of them has slowed down or stopped. This often leads to rear-end collisions, which can cause serious injuries to the occupants of both vehicles.
- Sideswipe Accidents: Distracted drivers may drift out of their lane and sideswipe another vehicle. This is especially dangerous on highways, where high speeds can turn a sideswipe accident into a major crash.
- Intersection Accidents: Distracted drivers may fail to notice traffic signals, stop signs, or other vehicles at intersections, leading to T-bone or side-impact collisions.
- Pedestrian and Bicycle Accidents: Distracted drivers may not see pedestrians crossing the road or bicyclists riding nearby, increasing the risk of severe or fatal accidents.
- Head-On Collisions: In the worst cases, distracted drivers may drift into oncoming traffic, causing a head-on collision that can lead to catastrophic injuries or death.
Proving Distracted Driving in an Accident
To pursue compensation after an accident caused by distracted driving, you must be able to prove that the other driver’s distraction directly caused the crash. This can be challenging, as distracted drivers are often unwilling to admit they were not paying attention. However, an experienced attorney can help gather the evidence needed to build a strong case.
Some common forms of evidence used to prove distracted driving include:
- Cell Phone Records: If the driver was texting or using their phone at the time of the accident, their cell phone records can provide a clear timeline of when they were distracted.
- Witness Statements: Passengers, other drivers, or pedestrians who witnessed the accident may be able to provide testimony that the driver was distracted before the crash.
- Surveillance Footage: Video footage from nearby cameras, such as those at traffic intersections or businesses, may capture the driver engaging in distracted behavior before the accident.
- Police Reports: After an accident, the responding officer will create a police report that details the cause of the crash. If the officer suspects that distracted driving was involved, this will be included in the report, which can strengthen your claim.
- Vehicle Data: Some vehicles are equipped with “black box” data recorders that can provide information about the vehicle’s speed, braking, and steering before the accident. This data can help show whether the driver failed to react appropriately due to distraction.
The Importance of Legal Representation After a Distracted Driving Accident
If you’ve been injured in an accident caused by a distracted driver, it’s important to have an experienced attorney on your side. Distracted driving cases can be complex, especially when it comes to proving liability and negotiating with insurance companies. An attorney can help by:
- Investigating the Accident: Your attorney will gather evidence, such as cell phone records, witness statements, and police reports, to prove that the other driver was distracted at the time of the accident.
- Dealing with Insurance Companies: Insurance companies often try to minimize their liability by downplaying the severity of your injuries or offering low settlements. Your attorney will handle all negotiations with the insurance company to ensure that you receive fair compensation for your medical bills, lost wages, and other damages.
- Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, your attorney can file a personal injury lawsuit and take your case to court to fight for the compensation you deserve.
At Spagnoletti Law Firm, we are committed to helping victims of distracted driving accidents recover the compensation they need to move forward with their lives. If you’ve been injured in a car accident caused by a distracted driver, contact us today for a free consultation. We will review the details of your case, explain your legal options, and fight to protect your rights every step of the way. Please contact us online or call 713-804-9306 or to learn more about your legal rights.