Duluth Distracted Drivers Attorney

What Is Classified as Distracted Driving?

The Centers for Disease Control (CDC) defines distracted driving as operating a motor vehicle while engaged in any activity that takes your attention away from the task of safe driving. This includes distractions that cause you to take your hands off the steering wheel, your eyes away from the road, or your mind off of driving.

Distracted driving is a serious problem across the United States, including right here in Duluth. The increasing prevalence of smartphones, interactive dashboard panels, and other technologies puts today’s drivers at greater risk for distraction than ever before.

Georgia Distracted Driving Laws

Under Georgia law, drivers are not allowed to perform any activity that can distract them from driving safely. Georgia drivers are also prohibited from doing any of the following while driving:

• Physically holding a cell phone or other electronic device with any part of the body
• Writing, sending, or reading any messages unless using text to speech
• Watching a movie or video
• Recording or broadcasting any video footage

The above restrictions apply in most circumstances. But exceptions may apply if a driver uses a cell phone or other device for any of the following:

• To report a traffic accident, medical emergency, fire, crime, or hazardous road condition
• To perform official duties as a law enforcement officer, firefighter, emergency medical technician, ambulance driver, or other emergency responders
• To continuously record using a dashcam

Georgia Distracted Driving Statistics

According to data for one recent year from the Georgia Governor’s Office of Highway Safety, distracted driving remains a serious problem here in The Peach State:

• Over 50 percent of all traffic crashes had at least one confirmed or suspected distracted driver.
• Nearly 50 percent of all serious injury crashes had at least one confirmed or suspected distracted driver.
• 43 fatal crashes occurred that involved confirmed distraction, which is 3 percent of all fatal crashes.
• 78 percent of distraction-related accidents did not have passengers in the vehicle.
• The number of distracted driving convictions increased by 5.5 times in about 1.5 years.
• The age group most often involved in distraction-related traffic crashes was drivers 25 to 34 years old.
• Almost 60 percent of the state’s distraction-related motor vehicle traffic crashes occurred within the Atlanta Region.
• 28 percent occurred on freeways and multilane highways.

It also highlights how Duluth and Gwinnett County in particular struggle with distracted driving. Gwinnett County consistently has the highest number of distracted driver convictions in the state, at nearly 12,000 convictions in one year. The county had 26 percent of all distracted driving convictions across the state over six years. If you’ve been injured in a Gwinnett County distracted driving accident, contact Brauns Law Accident Injury Lawyers, PC to see how we can help.

Common Causes of Distracted Driving

Experts typically sort distracted driving behaviors into three main categories: visual, manual, and cognitive distractions. Together, these three types of distractions are the root cause of nearly all distracted driving accidents.

Visual distractions – A visual distraction is anything that causes a driver to take their eyes away from the road ahead of them while driving. Common examples of visual driving distractions include:

• Looking at text messages, emails, videos, or online content
• Adjusting the music, climate controls, or other dashboard instruments
• Lingering to check out billboards or crashes on the side of the road
• Checking your reflection in the mirrors

Manual distractions – A manual distraction is anything that causes a driver to remove one or both of their hands from the steering wheel. Common examples of manual driving distractions include:

• Scrolling through online content or writing text messages
• Adjusting vehicle control knobs or GPS devices
• Eating food, drinking beverages, or smoking while driving
• Searching through purses or wallets
• Reaching for dropped items in the car
• Turning around to help children, pets, or other passengers
• Combing hair, checking teeth, or applying makeup while driving

Cognitive distractions – A cognitive distraction is anything that causes a driver’s attention to wander from focusing on the task of safe driving. Common examples of cognitive driving distractions include:

• Focusing on music, radio talk shows, podcasts, or audiobooks
• Getting drawn into conversations with passengers
• Thinking stressful, aggravating, or upsetting thoughts
• Getting lost in thought or daydreaming behind the wheel
• Chatting on the phone, even if it is hands-free

According to the National Highway Traffic Safety Administration (NHTSA), texting is especially dangerous because it combines all three types of distractions into one activity. In the average time it takes to read or send a text message, a driver takes their eyes off the road for about five seconds. That time is enough to cross the length of a football field while traveling at just 55 mph.

The Dangers of Distracted Driving

The following data from the​​ AAA Foundation for Traffic Safety and the NHTSA highlights just how dangerous it can be to drive while distracted:

• In a single recent year, 3,142 people died in distracted driving crashes throughout the United States.
• Driver distraction was a factor in roughly 10 percent of all fatal crashes and 18 percent of injury crashes in a single year.
• Taking your eyes away from the road for just two seconds can double your risk of being in a crash.
• A survey of American drivers revealed that 58 percent of drivers considered cell phone use a “very serious threat” to road safety. However, 83 percent admitted to texting while driving anyway.
• Any type of driver cell phone use can quadruple the risk of a crash. Yet an estimated one in 20 drivers is reportedly using a handheld cell phone at any given moment.

How To Prove the At-Fault Driver Was Distracted After a Duluth Car Accident

Even if the other driver was obviously distracted when the accident occurred, you will still need to prove it when filing an insurance claim or personal injury lawsuit. With the help of a knowledgeable distracted driving accident attorney, the following types of evidence can support your case:

• Police accident reports – If police officers responded to the scene, their reports can provide valuable information. This can include any citations issued for traffic violations, toxicology test results, and the investigating officer’s opinion on who was at fault.
• Photos and video footage – Photos and video footage of the accident scene can show what happened in the moments just before and after the crash.
• Eyewitness statements – If any witnesses saw the accident occur, their testimony can provide valuable support to your claim.
• Driver cell phone records – If you suspect the other driver was texting or talking on the phone when the accident occurred, your attorney can contact the cell phone company to demand the other driver’s communication records.
• Expert witness testimony – Experts such as medical providers and accident reconstruction specialists can provide professional insights into the causes and effects of the crash.
• Type of crash – Rear-end crashes are commonly the result of distracted driving since a distracted driver may not notice a car slowing in front of them.