Distracted driving can take on a variety of different forms, including making telephone calls while operating a motor vehicle or paying attention to some other electronic device when the driver’s eyes should be on the road. Distracted driving significantly increases the chances of a motor vehicle accident, according to statistics provided by the National Highway Traffic Safety Administration (NHTSA).
When a distracted driver causes a motor vehicle accident that leads to injuries, an injured accident victim may file a claim or lawsuit against the distracted driver (and indirectly, the distracted driver’s insurance company). If the distracted driver was operating the vehicle as part of his or her work duties (such as when an agency relationship exists between the driver and his or her employer), then the injured accident victim may also bring a claim or lawsuit against the at-fault driver’s employer.
If you or someone you love has been injured in a motor vehicle collision that was caused by a distracted driver, an experienced Duluth, Georgia Car Accident Attorney in your state can assist you with filing a claim or bringing a lawsuit against the at-fault driver. A car accident lawyer can also assist you with pursuing monetary compensation for all of the injuries and damages resulting from your accident.
What Types of Behaviors Constitute Distracted Driving?
Distracted driving is not limited to simply using a cellular phone or tablet while operating a motor vehicle. There are numerous other types of activities that may constitute distracted driving.
Some of the most common types of distracted driving behaviors include:
- Cellular phone use – One of the most common types of distracted driving involves using a cellular phone while operating a motor vehicle. This includes speaking on the phone with someone (even when the vehicle is equipped with a hands-free device), texting, or surfing the internet. When a motor vehicle operator is paying attention to a cellular device, he or she cannot concentrate all of his or her attention on the road, significantly increasing the chances of causing a motor vehicle collision.
- Tablet use – Along with cellular phones, tablets and other electronic devices have the potential to divert a driver’s attention away from the road, increasing the chances of him or her causing an accident.
- Programming a GPS device – Many drivers rely upon GPS devices, either on their phones or stand-alone devices, to help them make their way to a specific destination. This is especially true if the driver is heading to a destination that they don’t know. However, drivers should take care not to program a GPS device while they are operating their motor vehicle. Doing so can divert the driver’s attention away from the road, potentially resulting in a collision with a pedestrian or with another motor vehicle.
- Playing loud music while driving the vehicle – Loud music can also be a significant distraction to motor vehicle drivers while they are operating their vehicles on the road. Although a driver is certainly allowed to listen to music while he or she is operating a vehicle, playing music too loudly—to the point of distraction—is often enough to divert a driver’s focus away from the road, causing the driver to operate the vehicle in a careless or reckless manner.
- Presence of young children in the vehicle – Children who are present in a vehicle can also create a serious distraction for the driver. Common distractions by children include roughhousing in the vehicle, screaming and yelling, and other disruptive behaviors. In some cases, a driver may even need to turn around, in an attempt to discipline a child. When that happens, the driver’s attention completely shifts away from the road, and a serious motor vehicle collision can occur. In some instances, having another adult present in the vehicle with the children can help alleviate the potential problem of distracted driving. The other adult present in the vehicle can discipline the children and keep them under control, allowing the driver to focus on the roadway.
If you or a person you care about has been injured in a motor vehicle collision that a distracted driver caused, an experienced distracted driving lawyer in your jurisdiction can assist you with identifying the at-fault party and, if necessary, bringing a claim or filing a lawsuit against that person.
What Happens When Drivers Operate Their Motor Vehicles While Distracted?
When distractions in a motor vehicle prevent a driver from operating his or her vehicle in a safe, prudent, and careful manner, a motor vehicle collision can occur. Since distractions prevent drivers from giving their full care and attention to the roadway, the motor vehicle collisions that result are oftentimes serious.
When a motor vehicle operator engages in distracted driving, the following types of accidents may occur:
- Rear-end collisions with other vehicles – These types of collisions are especially common at traffic intersections where traffic is slowing down. When a motor vehicle operator causes his or her vehicle to collide with the vehicle in front, this can start a chain-reaction of collisions that involve multiple vehicles and accident victims.
- Head-on collisions – When a driver is operating his or her vehicle while distracted, he or she may unknowingly cross a double line and collide head-on with an oncoming motor vehicle. These types of accidents typically cause significant front-end damage, as well as serious injuries to the motor vehicle occupants. These injuries often include traumatic brain or head injuries (TBIs), bone fractures, soft tissue injuries, spinal cord and back injuries, paralysis, and sometimes death.
- T-bone collisions – These types of accidents occur when the front of a motor vehicle collides with the side of another vehicle. They are extremely common at traffic intersections, especially where a distracted driver ignores or fails to note a red traffic light or stop sign, and does not see the oncoming vehicle in time to avoid a collision.
- Pedestrian accidents – Other motor vehicle operators and their passengers are not the only potential victims in distracted driving collision cases. When a driver operates his or her motor vehicle while distracted, the driver may negligently cause the vehicle to collide with a nearby pedestrian. In some cases, these pedestrians are lawfully present in crosswalks at the time of the collision. At other times, the pedestrian may be standing or walking in a parking lot, parking garage, or even on the sidewalk, when the collision occurs. Pedestrian accidents can be extremely harmful, and even deadly, because pedestrians do not have an outer shell or wall of protection surrounding them when a collision occurs.
If you or a person you love has been a victim of one of these types of distracted driving accidents, an experienced distracted driving attorney can assist you with bringing your claim. If the at-fault driver’s insurance company fails to offer you fair and full compensation for your injuries, your attorney may file a lawsuit and pursue damages on your behalf.
Types of Injuries Suffered in Distracted Driving Accidents
Injuries that victims suffer in distracted driving accidents can be severe, but the most serious of distracted driving collision cases lead to an accident victim’s death. In cases such as these, the accident victim’s surviving relatives may bring a wrongful death claim against the at-fault driver.
Common injuries that accident victims suffer in distracted driving collisions include head and brain injuries, soft tissue injuries, broken bones, fractures, spinal cord injuries, paralysis, and death.
If you or a person you love has sustained one or more of these injuries because a distracted driver caused a motor vehicle collision, a knowledgeable attorney can help you pursue the monetary compensation that you deserve for the injuries you suffered in your accident.
Proving Negligence on the Part of a Distracted Driver
To recover monetary compensation for their injuries in fault-based jurisdictions, victims of distracted driving accidents must demonstrate that the at-fault driver was acting unreasonably under the circumstances at the time the collision occurred. Operating a motor vehicle while distracted certainly constitutes unreasonable driving practices. In some instances, police officers may determine who caused the accident and how the accident likely occurred. Moreover, eyewitnesses to a distracted driving accident may testify that the motor vehicle operator drove erratically, suggesting drunk or distracted driving.
In addition to demonstrating that a motor vehicle operator was operating his or her vehicle in an unreasonable manner at the time of the collision, the accident victim must also demonstrate that he or she suffered an injury or injuries in the accident. Finally, the accident victim must show that the injury or injuries he or she sustained proximately resulted from the collision.
A knowledgeable distracted driving attorney can assist you in handling all of the legal elements of your claim and helping you file a claim for damages arising from the injuries you suffered in your accident.
Pursuing Monetary Compensation From a Distracted Driver
The primary goal of filing a claim or lawsuit arising from a distracted driving collision is to obtain compensation for the injuries you suffered and the damages you sustained.
First of all, you may file a claim for economic damages. These damages compensate you for your economic losses and out-of-pocket costs, which can include lost wages, as well as the costs of all related medical treatment, procedures, and therapy related to your distracted driving accident.
In addition to pursuing economic damages arising from your distracted driving accident, you may also pursue non-economic damages. These damages compensate you for all of the inconvenience, suffering, and pain that you endured as a result of the accident. Non-economic damages also include compensation for loss of earning capacity, permanent disability, and loss of spousal companionship or family support, depending upon the circumstances.
In cases where a driver behaved in a particularly harmful or egregious manner, you may file a claim for punitive damages against the distracted driver.
Finally, if a distracted driver caused a motor vehicle collision that resulted in the death of a loved one, you may file a wrongful death claim against the at-fault driver. As part of your wrongful death claim, you may recover compensation for loss of the decedent’s future income and earnings, as well as compensation for loss of the decedent’s support, care, and comfort.
An experienced distracted driving lawyer will do everything possible to help you maximize the amount and extent of your damages in a personal injury case.
Call an Experienced Distracted Driving Lawyer About Your Accident Today
Drivers who operate their motor vehicles while distracted pose a serious risk to all other drivers on the road—and in some cases, to nearby pedestrians as well. If you or a person you love has suffered an injury in an accident that a distracted driver caused, you should contact an experienced attorney for representation right away.
When it comes to filing a personal injury claim or lawsuit arising out of a distracted driving accident, time is of the essence. Different jurisdictions have different time deadlines for filing personal injury actions. In some cases, these time periods extend three or more years from the date of the accident. In other jurisdictions, however, you may have as little as one year from the accident date. If you fail to bring your claim or lawsuit within the required time frame, you effectively waive your eligibility for recovering monetary damages related to your claim.
An experienced car accident lawyer will determine if you can file a claim or lawsuit for damages. If you are, your car accident lawyer can promptly file your claim against all of the individuals or entities who contributed to the accident and your injuries. Contact car accident lawyer who will pursue monetary compensation on your behalf, based upon the nature and extent of your injuries, as well as the available insurance coverage.
