Since the introduction of portable electronic machines such as GPS navigation systems and mobile phones, the number of motor accidents triggered by distracted driving has dramatically increased. In most instances, the distracted drivers who led to the accidents were either making phone calls or texting while operating cars. If you sustained injuries in an accident that was caused by negligence or carelessness of a distracted driver, the lawyers in our firm might help you through the process of acquiring financial compensation.
What is distracted driving?
Our very first thought when we hear a case caused by distracted driving is phone calls or texting. This is understandable since thirteen percent of all fatal motor accidents are related to the use of mobile phones while driving, according to the NHTSA (National Highway Transportation Safety Administration). Nevertheless, the definition of distracted driving includes various distracted driving types. Specifically, distracted driving refers to any task that diverts the attention of an individual away from the basic activity of driving.
Types of distracted driving
Distracted driving may take multiple forms. The NHSTA categorizes the three main forms of driver instructions as follows:
VisualVisual distraction occurs when an individual takes their eyes from the road, including both out-vehicle and in-vehicle activities—for instance, looking at a roadside activity or staring at the GPS in the vehicle.
A manual type of distraction happens when the driver takes their hands off the wheel in order to perform an unrelated activity. This event includes drinking, eating, or reaching out for something inside the vehicle, or even grooming yourself behind the driving wheel.
While driving, you have full control of a four thousand-pound car. It is important to keep your mind totally focused; when your mind gets off the road, then you are cognitively diverted. Cognitive diversions include talking to your passengers and daydreaming, among others.
Texting while driving is a major concern since it combines cognitive, manual, and visual distractions simultaneously. For instance, a driver who texts while on the road must look at the phone (visual), think about the text to compose (cognitive), and manipulating the keypad or screen (manual). Although research has shown that sending messages while driving the most dangerous activity, many other prospective distractions might result in fatal accidents, including:
- Applying makeup
- Talking on the cellphone
- Adjusting the radio
- Utilizing a GPS device
- Listening to loud music, audiobooks, and podcasts
- Staring at a scenery
- Talking to passengers
Laws regarding distracted driving in [state]
As mobile phones became more common since the early 2000s, states began to quickly react to safety approaches and established laws to curb distracted driving. The laws of distracted driving differ from state to state and in austerity. A basic law means you can be ticketed and pulled over for the activity. Conversely, a secondary law means an officer should only cite you in case you initially violated a basic offense.
- Twenty-four states ban the use of mobile phones while driving.
- Two states enforce the secondary law on sending messages while driving.
- Forty-seven states, including the Columbian district, enforce the primary law banning texting.
We are working on trying to ban text messaging while driving in all the fifty states and the Columbian districts. The coalition has uncertainties about the secondary law of bans. The secondary bans are not considered optimal regulations. Additionally, most states have unique laws that address certain driving hazards, such as drowsy or distracted driving. However, although each state enforces its own driving dangers, most laws are similar. The basic law of distracted driving focuses on three things: young drivers, hand-held devices, and texting. Although many states ban texting, only a few of them ban the hand-held use of a mobile phone. Young drivers are entitled to the strictest laws to limit their driving distraction while gaining experience.
What Damages Can Victims Get from a Distracted Driving Accident Claim in [state]?
Damages or injuries sustained in motor accidents triggered by distracted driving might include both non-economic and economic damages. The economic damages normally involve the lost wages, including time missed from the job, as well as medical bills of the injured victim. Non-economic damages, on the other hand, are quite subjective and disregard precise measurement. The common non-economic damages generated by distracted driving car accidents include:
- Mental anguish
- Lost earning capacity
- Suffering and pain
- Psychiatric and psychological harm
- Permanent damages
- Emotional distress
- Loss of life enjoyment activities
- Consortium loss such as spousal support and companionship
How long do I Have to File a Claim in [state]?
Technically sooner than you may think. The fact is that there are several decisions that you may make in the weeks or days after the scenario that might have great implications down the road, such as the decisions about insurance, bills, and medical treatment, among others. You will receive a call from our firm for the other driver and might get some pressure to quickly solve the case. There is no harm in contacting a lawyer. We represent and speak with different individuals in your situation daily and would be happy to have a chat with you.
Why do I need a lawyer?
A plea or conviction for text messaging while driving might be used as liability proof in a successive injury lawsuit. Therefore, if you are hit by an individual who is sending messages while driving and sustain injuries, you may have the capacity to utilize that driver’s guilty appeal to assist you in a lawsuit. In most cases, the injured victim is contacted by the attorney before the attorney gives a plea deal to the defendant.
Distracted driving might cause fatal accidents and severe damages, which in turn can cause big medical expenses, suffering and pain, and property damage, among others. Luckily, victims might receive compensation for these injuries and damages by filing injury claims against the defendants. The most significant way to make sure that you get compensated as you deserve is to retain the services of the experienced attorneys from our law firm and as soon as possible. If you or the person you love has been hit by a driver who is texting while driving, contact us today to schedule an appointment will a qualified attorney.