The Impact of Distracted Driving on Car Crash Cases

Today distracted driving stands as one of the greatest threats present on our roadways. Driving while texting or being distracted puts all road users in danger. Experienced auto accident attorneys who handle distracted driving cases can greatly affect your compensation after a collision.

In the United States during 2023 distracted driving resulted in more than 3,500 fatalities while injuring 362,415 people. These numbers show the devastating effects on human lives caused by distracted driving when someone glanced at their phone or changed a radio station.

Your car accident claim results can improve greatly if you are aware of the legal processes behind distracted driving cases.

This article explains all essential information regarding distracted driving and car crash cases including evidence collection and compensation optimization.

What You’ll Discover Here:

1. What Legally Qualifies as Distracted Driving
2. How Distraction Affects Liability in Car Crash Cases
3. Evidence Needed to Prove Distracted Driving
4. Impact on Insurance Claims and Settlements
5. Common Legal Challenges in Distracted Driving Cases
6. Immediate actions to follow after being struck by a distracted driver

What Legally Qualifies as Distracted Driving?

The risks associated with distracted driving extend well past texting while driving although texting remains a significant problem. From a legal perspective distracted driving includes any activity which takes a driver’s attention away from their main responsibility of operating the vehicle.

Distracted driving incidents can be divided into three fundamental categories.

• Visual distractions occur when drivers look away from the road.
• Manual distractions occur when drivers remove their hands from the steering wheel.
• Cognitive distractions: Taking your mind off driving

The most frequent sources of driver distraction include activities like smartphone usage for texting or calling and the use of social media.

• Using a smartphone (texting, calling, social media)
• Eating or drinking
• Talking to passengers
• Adjusting entertainment or navigation systems
• Grooming (applying makeup, fixing hair)

Texting presents a major hazard because it demands visual attention on the phone while typing requires hand movement and conversational focus shifts mental attention away from the road.

How Distraction Affects Liability in Car Crash Cases

Proving liability stands as the pivotal factor in car crash cases. A victim’s case becomes more powerful when distracted driving is proven.

Here’s why: Legal definitions classify distracted driving as negligent behavior. By shifting their focus away from the road a driver fails to fulfill their obligation to operate their vehicle safely and responsibly.

Distracted driving proved to have the greatest economic impact in 2023 with costs amounting to $98.2 billion, more than the expenses related to speeding or drinking and driving incidents. People who cause accidents because they were distracted by Instagram will have to pay for all damages resulting from their careless behavior.

You can establish clear liability in most states if you prove that the other driver’s distraction caused the crash.

Evidence Needed to Prove Distracted Driving

It can prove challenging to establish that another driver was distracted at the time of an accident. In drunk driving cases chemical tests supply objective evidence which isn’t typically available when proving driver distraction necessitates investigative efforts.

The good news? Several evidence types exist that aid in proving distracted driving.

• Cell phone records display driver activity like texting or app usage that happened during the crash.
• The testimony of other drivers or passengers who observed the driver using their phone or being distracted can serve as evidence.
• The video footage can originate from traffic cameras, dashcams or cameras located nearby.
• Police reports frequently include police officer observations regarding how drivers behave.
• Drivers occasionally confess to having been distracted while operating their vehicles.

It is essential to work with a car crash law firm that knows how to acquire and use this evidence effectively. These professionals can file required subpoenas for phone records and conduct witness interviews to build your case efficiently.

Around 80% of drivers acknowledge they use their phones while operating their vehicles. Teen drivers between 15 and 20 years old face the highest rates of distracted driving incidents which involve cell phone use in over half of their crashes.

Impact on Insurance Claims and Settlements

The way insurance companies manage claims and calculate settlement values changes significantly when distracted driving plays a role. Insurance claims usually become stronger when clear proof of driver distraction exists.

1. **Strengthens liability claims: Insurance companies face limited options for disputing fault when evidence proves driver distraction.
2. Increases settlement values: Clear negligence can justify higher compensation
3. Speeds up claim processing: Obvious liability can reduce delays in payment

Despite the nature of their operations insurance companies remain profit-driven businesses. Despite clear proof of distracted driving they might attempt to:

• Minimize the severity of your injuries
• Argue your damages are less than claimed
• Suggest you share some responsibility
• The insurance company will push you towards a rapid settlement that fails to address your needs adequately.

Knowledgeable legal representation becomes essential in these situations. Experienced distracted driving law firms understand your claim’s real worth and prevent you from settling for something less than what you deserve.

The American economy bears a cost of $4 billion each year because distracted driving produces more than 420 deaths for every 10% increase.

Common Legal Challenges in Distracted Driving Cases

Distracted driving cases have specific legal problems that make compensation harder to obtain even though distracted driving frequently happens.

Proving Distraction Occurred

Demonstrating driver distraction becomes difficult without their admission of such behavior. The defense could maintain that:

• The driver was using hands-free technology
• Another passenger was using the phone
• The phone activity happened right before or after the crash happened instead of during the crash itself.

Comparative Negligence Issues

The defense could claim partial fault on your part if distraction is confirmed which may lead to a reduction in your compensation. For example, they might claim you:

• Were speeding
• Failed to signal properly
• Could have avoided the collision

Your compensation may be reduced by your fault percentage in states that practice comparative negligence.

Steps to Take If You’re Hit by a Distracted Driver

Taking immediate steps after an accident where distracted driving may have been involved can improve your legal case.

1. Make an emergency call to law enforcement and confirm that they complete a formal report.
2. Inform law enforcement officers about any distraction indicators you noticed during the incident.
3. Take pictures of the entire accident scene including the skid marks or their absence.
4. Locate individuals who observed the driver’s actions both before and throughout the collision.
5. Always obtain medical evaluation after any accidents regardless of how insignificant injuries appear
6. Reach out to a specialized law firm that handles car crash cases involving distracted driving.

The Real Cost: Financial Impact of Distracted Driving

The economic ramifications of distracted driving reach beyond just the damage to the vehicle. According to the National Highway Traffic Safety Administration (NHTSA), there were 40,990 traffic fatalities in 2023 which included a significant number of cases caused by distracted driving.

Your lawyer will evaluate multiple damage categories when constructing a car crash case about distraction.

Economic Damages

The crash resulted in specific financial losses which can be calculated precisely.

• Medical expenses (current and future)
• Lost wages and diminished earning capacity
• Vehicle repair or replacement costs
• Rehabilitation expenses

Non-Economic Damages

These harder-to-quantify damages are equally important:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement

Distracted driving crashes frequently lead to more serious injuries as the responsible driver usually fails to apply brakes before impact which results in collisions at higher speeds.

Final Thoughts: Protecting Your Rights

The leading cause of car crashes in America remains distracted driving because it is both highly dangerous and completely preventable. A solid grasp of legal principles proves essential for obtaining equitable compensation.

Key takeaways to remember:

• Distracted driving is legally considered negligence
• The process of gathering evidence must start as soon as the accident occurs.
• Insurance companies often undervalue distracted driving claims
• Victims should seek compensation for both their financial losses and their non-monetary suffering.

The statistics represent people who suffered because of distracted driving decisions. The 3,500 deaths and 362,415 injuries reflect the individuals whose futures were altered because someone chose to drive while distracted.

Don’t handle the intricate legal procedures by yourself if you suffered injuries due to a distracted driver. A qualified car crash law firm enables you to obtain your rightful compensation so you can concentrate on your recovery and progress through life.