Distracted driving is one of the leading causes of motor vehicle accidents (MVAs) in the United States. With the rise of mobile technology and other in-vehicle distractions, the number of accidents caused by inattentive drivers has surged, leading to devastating consequences for victims.
Understanding the impact of distracted driving on car accident cases is crucial, especially if you or a loved one has been involved in such an incident.
1. What Constitutes Distracted Driving?
Distracted driving is any activity that diverts a driver’s attention away from the primary task of driving. This can include:
- Visual distractions: Taking your eyes off the road (e.g., looking at a GPS or checking a text message).
- Manual distractions: Taking your hands off the wheel (e.g., eating, adjusting the radio, or holding a phone).
- Cognitive distractions: Taking your mind off driving (e.g., daydreaming, talking to passengers, or stressing over a personal issue).
Texting while driving is particularly dangerous as it combines all three types of distractions, significantly increasing the risk of an accident.
2. The Legal Consequences of Distracted Driving
In many states, distracted driving is not only dangerous but also illegal. Laws banning texting while driving and requiring hands-free devices are common, and violations can lead to severe penalties, including fines and license suspension. From a legal standpoint, if it can be proven that a driver was distracted at the time of an accident, they may be held liable for the damages caused.
In motor vehicle accident cases, demonstrating that the other driver was distracted can significantly strengthen your claim. Evidence such as phone records, eyewitness testimony, and surveillance footage can be critical in proving distracted driving. When a driver is found to be at fault due to distracted driving, they are typically held liable for medical expenses, property damage, lost wages, and other associated costs.
3. Proving Distracted Driving in MVA Cases
Proving that distracted driving caused an accident can be challenging, but it is essential for securing compensation. Here are some ways distracted driving can be established:
- Witness Testimony: Bystanders or other drivers who witnessed the accident may have observed the at-fault driver using a phone or engaging in other distracting activities.
- Phone Records: Obtaining the at-fault driver’s phone records can reveal if they were texting, calling, or using an app at the time of the accident.
- Surveillance Footage: Traffic cameras or security footage from nearby businesses might capture the driver’s behavior before the accident occurred.
- Vehicle Data: Modern vehicles often have data recorders that can show what actions the driver was taking before the crash, such as braking or steering.
An experienced personal injury attorney can help gather and present this evidence, making it more likely that the distracted driver will be held accountable for their actions.
4. The Role of an Attorney in Distracted Driving Cases
If you’ve been involved in an accident caused by a distracted driver, consulting a personal injury attorney is crucial. At Law Offices Of Vic Feazell, P.C., we understand the complexities involved in proving distracted driving. Our team is dedicated to investigating your case thoroughly, gathering the necessary evidence, and building a strong legal argument to ensure you receive the compensation you deserve.
Distracted driving cases often involve negotiations with insurance companies that may attempt to minimize or deny your claim. Our firm has extensive experience in dealing with these tactics and will fight vigorously on your behalf to protect your rights.
Get Justice After a Distracted Driving Accident: Let Us Fight for You!
Distracted driving is a serious and growing problem that can have devastating effects on victims and their families. If you’ve been injured in an accident caused by a distracted driver, it’s essential to understand the impact this behavior can have on your case.
Reach out to Law Offices Of Vic Feazell, P.C. today at (254) 938-6885 to learn more.