The Ongoing Danger of Distracted Driving and Legal Implications for Victims
Cellphones have become an integral part of modern life, tracking almost everything we do— from where we go to what we buy. However, despite their omnipresence and the critical role they play in distracted driving accidents, cellphones are not being used to track their role in car wrecks. Distracted driving, especially due to cellphone use, continues to be a growing public safety concern, but there’s still no definitive database to track the full extent of crashes or fatalities caused by it. This lack of detailed data leaves safety experts estimating that the issue is much worse than reported.
Since the rise of smartphones, states and federal governments have passed laws to mitigate the dangers of cellphone use behind the wheel. Yet despite these efforts, distracted driving remains a rampant problem. According to data from the National Highway Traffic Safety Administration (NHTSA), car crashes rose by 16% from 2020 to 2021. In 2021 alone, nearly 43,000 Americans died in car crashes, the highest number of fatalities in over 16 years. Although not all of these accidents can be attributed to distracted driving, safety experts believe a significant portion stems from drivers distracted by their phones.
The Danger of Cellphone Distraction
The distractions that come from cellphones while driving are numerous. From texting and calling to checking social media or browsing the web, drivers often look away from the road for extended periods, significantly increasing the chances of an accident. Even hands-free phone use has been shown to reduce a driver’s focus. However, it’s the manual use of phones—typing out texts or dialing numbers—that presents the most severe danger.
Many drivers falsely believe that a brief glance at their phone won’t hurt, but it only takes a few seconds of distraction to cause a life-altering crash. According to studies, sending or reading a text while driving takes your eyes off the road for about five seconds. At highway speeds, that’s like driving the length of a football field with your eyes closed. This simple yet dangerous act is responsible for countless injuries and fatalities every year.
How People Are Harmed by Distracted Driving
The victims of distracted driving accidents often suffer severe and life-changing injuries. Some common types of harm include traumatic brain injuries, spinal cord damage, broken bones, internal organ injuries, and whiplash. In the most tragic cases, distracted driving results in fatalities. Surviving family members of victims must cope not only with the emotional toll of their loss but also the financial burdens associated with medical bills, funeral expenses, and lost income.
Distracted driving victims are often left in a difficult position. They may face months or years of medical treatment, lost wages from their inability to work, and the ongoing pain and suffering that comes from recovering from their injuries. In these cases, pursuing legal action is often the best way to secure compensation and hold the negligent party accountable.
Filing a Lawsuit for Damages
If you or a loved one has been injured in a car accident caused by a distracted driver, you may be able to file a lawsuit seeking damages. The first step in this process is determining who is at fault. This typically involves gathering evidence such as witness statements, police reports, and phone records to prove that the other driver was distracted by their phone at the time of the crash.
An attorney can assist with every step of this process, from conducting a thorough investigation to representing you in court if necessary. They will help gather evidence, consult with experts if needed, and build a compelling case for compensation. Victims may be able to recover damages for medical expenses, lost wages, pain and suffering, and, in cases of gross negligence, punitive damages may also be awarded.
Why You Need an Attorney
The legal process for pursuing compensation in a distracted driving case can be complex. Insurance companies often seek to minimize payouts and may even deny claims outright. Having an experienced attorney by your side ensures that your rights are protected, and you receive the compensation you deserve.
An attorney will not only guide you through the claims process but also negotiate with the insurance company on your behalf. If the insurance company refuses to offer a fair settlement, the attorney can file a lawsuit and advocate for you in court. Without legal representation, victims often receive much less compensation than they are entitled to.
Damages You Could Recover in a Product Liability Lawsuit
If a defective cellphone feature or another product contributed to the distracted driving incident, victims may also pursue a product liability lawsuit. In such cases, victims can seek compensation from the manufacturer of the product. Damages in these lawsuits often include compensation for medical bills, future treatment, lost income, pain and suffering, and emotional distress.
In some cases, a court may also award punitive damages, which are designed to punish the at-fault party and deter similar conduct in the future. Having an experienced attorney is crucial when navigating product liability claims, as these cases often involve multiple parties and complicated legal issues.
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