Summary
Let’s explore distracted driving, its legal implications, and what to do if you or a loved one is involved in an unfortunate incident.
Distracted driving is a pervasive and dangerous behavior that significantly contributes to road accidents and fatalities in the United States.
- According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 3,308 lives in 2022 alone.
- The Centers for Disease Control and Prevention (CDC) reports that every day, nine fatalities result from crashes involving a distracted driver.
- A study by the AAA Foundation for Traffic Safety found that approximately 93% of drivers consider texting, emailing, and reading on a hand-held cell phone to be very or extremely dangerous. Despite this, over a quarter (27%) admitted to sending texts or emails while driving, and 38% confessed to reading them.
These are not just numbers; they represent American families torn apart and lives irrevocably changed due to preventable accidents.
In this article, we’ll explore distracted driving, its legal implications, and what to do if you or a loved one is involved in an unfortunate incident.
Understanding Distracted Driving: What It Is and Its Impact
Distracted driving is any activity that diverts attention from driving, compromising the driver’s ability to operate the vehicle safely. These distractions can be categorized into three main types:
Visual Distractions
Failing to keep your eyes on the road because of cell phone use or other electronic devices:
- Texting or reading text messages on your cell phone
- Checking social media on the smartphone
- Looking at a GPS, map, or any navigation system
- Observing something outside the vehicle
Manual Distractions
Taking your hands off the wheel to do the following:
- Eating or drinking
- Adjusting the radio or climate controls
- Reaching for items in the car
- Putting on makeup while driving
- Answering phone calls on the mobile without the use of Bluetooth system in the motor vehicle
Cognitive Distractions
Driver distraction by taking your mind off driving:
- Daydreaming or being lost in thought
- Engaging in conversations with passengers
- Stress or emotional distress
- Singing or dancing
Legal Implications of Distracted Driving
Distracted driving is not only a dangerous behavior but also one with significant legal consequences.
Monetary Fines
The fines and penalties for distracted driving vary widely depending on state and local laws. In many states, the first offense may result in a fine ranging from $20 to $500, with higher fines for subsequent offenses.
Additionally, being caught distracted driving can lead to points being added to your driver’s license, which can increase insurance premiums and potentially result in license suspension if too many points accumulate.
Repeat offenders face harsher penalties in some states, including longer license suspensions, severely impacting their ability to drive legally.
Distracted driving violations also often lead to significantly higher auto insurance rates, as insurers view such drivers as high-risk.
Criminal Charges
In cases where distracted driving results in serious injury or wrongful death, the driver may face criminal charges, which could be classified as misdemeanors or felonies. These charges can lead to heavy fines, community service, probation, or even imprisonment.
If distracted driving leads to a fatal car accident, the driver may be charged with vehicular manslaughter or similar offenses, which carry severe legal repercussions.
Implications for Personal Injury Claims
If a distracted driver causes a motor vehicle accident, they may be deemed at fault for resulting in personal injury claims. This makes them liable for medical expenses, lost wages, pain and suffering, and property damage.
Courts may also award punitive damages to punish reckless behavior and deter future misconduct.
Additionally, insurance companies may deny claims if distracted driving is involved, leaving the driver personally responsible for covering damages.
Understanding Local Laws and Regulations
Distracted driving laws vary significantly from state to state. Drivers should familiarize themselves with local regulations to ensure compliance and avoid penalties.
For instance, some states have strict bans on handheld device use, while others may allow limited hands-free use.
Laws regarding distracted driving safety are continually evolving as new technologies emerge and states seek to enhance road safety. Staying informed about updates and changes is vital for all drivers.
Tips to Prevent Distracted Driving
Preventing distracted driving requires a combination of practical strategies and behavioral adjustments. Here are some effective tips to help you stay focused on the road:
Set Up Before You Start Driving
Always program your GPS or set up your route before you start driving. This ensures you don’t need to manipulate the device while on the move.
Adjust your music, climate controls, and other settings before departing to avoid multitasking and fiddling with them while driving.
Use Do Not Disturb Features
Activate your smartphone’s “Do Not Disturb While Driving” feature to silence calls, texts, and notifications. This reduces the temptation to check your phone.
Secure Pets Properly
Use pet restraints like harnesses or carriers to keep pets secure and minimize distractions. This also enhances their safety in case of an accident.
Plan Ahead
Eat meals and snacks before starting your journey, or take breaks to eat. Avoid consuming food and beverages while driving. Leave early to give yourself plenty of time to reach your destination, reducing the need to rush or multitask while driving.
Involve Your Passengers
If you have passengers, delegate tasks like navigation or adjusting controls to them so you can concentrate on driving.
Create a Distraction-Free Zone
Keep your car environment clutter-free and organized. Remove items that could potentially roll around and distract you.
Regular Breaks and Rest Stops
Take regular breaks to rest and refresh during long drives. This helps maintain concentration and reduces fatigue-related distractions.
Technology and Tools to Reduce Distractions
Technology offers several solutions to help prevent distracted driving. Apps like “Do Not Disturb While Driving” limit phone usage by silencing notifications and calls when the vehicle is in motion.
Hands-free devices, such as Bluetooth headsets and voice-activated controls, allow drivers to make calls and control their devices without taking their hands off the wheel. Even a simple phone holder attached to your windshield can help you avoid looking down on your phone when navigating (and driving cars that don’t have GPS navigation installed.)
Advanced vehicle safety features, including lane departure warnings, adaptive cruise control, and collision avoidance systems, provide additional layers of protection by alerting drivers to potential hazards.
By leveraging these technologies, drivers can maintain focus on the road and enhance overall safety.
Educating Young Drivers and Other Road Users
Education plays a crucial role in preventing texting and driving, especially among new and teen drivers who may lack experience and awareness.
Parents can set a strong example by practicing safe driving habits and discussing the dangers of distractions behind the wheel. Ensuring the use of seat belts at all times builds a culture of safety and vigilance on the road.
Schools can incorporate distracted driving education into driver’s education courses, using interactive programs and simulations to demonstrate the risks.
Community initiatives, such as workshops and campaigns led by local organizations and law enforcement, can further reinforce the importance of attentive driving.
Encouraging peer-to-peer education, where teens influence each other positively, can also be an effective strategy for promoting safe driving behaviors.
What to Do If You Are a Victim of a Distracted Driving Accident
If you find yourself a victim of an accident caused by a distracted driver, here are key steps to take:
Ensure Safety and Seek Medical Attention
Immediately check for injuries and call 911 to report the accident. Seek medical attention even if you think you are uninjured, as some injuries may not be immediately apparent.
Document the Incident
Collect evidence and information at the scene. Take good photos of the vehicles and their plate numbers. Include injuries, the extent of damage to cars, road conditions, and any other relevant factors.
Exchange contact and insurance information with the other driver and obtain contact details of any witnesses.
File a Police Report
Ensure that a police report is filed, as this official documentation will be crucial for any legal claims and insurance processes.
Notify Your Insurance Company
Inform your insurance company about the accident as soon as possible and provide them with all the collected documentation and the police report.
Seek Legal Assistance
Contact an experienced law firm like Frantz Law Group to help navigate the complex legal aspects of recovering damages. They can assist in pulling together additional evidence, going into hard negotiations with insurance companies, and representing you in court if necessary.
Driving Change with Frantz Law Group
Distracted driving is a dangerous and preventable behavior that can have serious consequences. By following simple tips, we can all reduce the risks of distracted driving.
However, if you or someone you love has been the victim of a distracted driving accident, know that Frantz Law Group is here to support you.
Frantz Law Group specializes in personal injury cases, including those involving distracted driving accidents. Our expertise can help ensure you receive fair compensation for your medical expenses, lost wages, pain and suffering, and other damages resulting from the accident.
Contact us today for expert guidance and assistance in navigating the legal processes involved in recovering damages and seeking accountability for distracted driving incidents.