Distracted driving has become one of the leading causes of car accidents across the country. With so many distractions at the fingertips of drivers today, the risk of accidents has significantly increased. If you’ve been involved in a car accident where distracted driving was a factor, it’s important to understand how it impacts your claim. Distracted driving can complicate legal cases, but knowing what to expect can help you better navigate the claims process.
What Is Distracted Driving?
Distracted driving occurs when a driver’s attention is diverted from the road due to an activity or object. These distractions are typically classified into three categories:
- Visual distractions: Anything that takes a driver’s eyes off the road, such as looking at a phone or GPS device.
- Manual distractions: Activities that involve taking hands off the wheel, such as eating or adjusting the radio.
- Cognitive distractions: Things that cause a driver to mentally disengage from driving, such as daydreaming or being engaged in a conversation.
Texting while driving is one of the most common and dangerous forms of distracted driving, as it combines all three types of distractions. Unfortunately, these distractions can lead to serious accidents, injuries, and even fatalities.
Proving Distracted Driving in a Car Accident Claim
When filing a car accident claim, proving that the other driver was distracted can be essential to securing compensation. However, proving that distraction played a role can be challenging. This is because distracted driving often doesn’t leave clear physical evidence. In many cases, it is necessary to gather other forms of evidence to support your claim, including:
- Witness testimony: If there were other people who saw the accident happen, their statements can be vital in proving that the other driver was distracted. For example, if a witness saw the driver looking at their phone or not paying attention to the road, this could strengthen your claim.
- Cell phone records: In some cases, law enforcement may request the at-fault driver’s cell phone records to check for activity around the time of the accident. If the driver was texting, talking, or using their phone at the time, this could provide critical evidence of distraction.
- Dashcam or traffic camera footage: Footage from cameras installed in your vehicle or traffic cameras can sometimes capture the other driver’s actions leading up to the accident. This evidence could indicate whether they were engaging in a distracting activity, such as texting or looking at a map.
- Police reports: Police officers often note in their accident reports if they suspect distracted driving. While these reports may not be definitive, they can provide initial support for your claim.
The more evidence you have to show that the other driver was distracted, the stronger your case will be.
How Distracted Driving Affects Your Compensation
When distracted driving is a factor in a car accident, it can have a significant impact on the outcome of your claim. Here are a few ways it can influence your compensation:
- Proving negligence: In personal injury cases, the plaintiff (you) must prove that the other driver was negligent. Negligence refers to the failure to exercise reasonable care while driving. If you can show that the driver was distracted, it strengthens your argument that they were negligent and should be held responsible for the accident.
- Increased liability: In cases where distracted driving is clear, the driver responsible for the accident is more likely to be held liable for the injuries and damages that result. If you can prove that the other driver was texting or engaged in another distracting activity, it may lead to higher liability.
- Punitive damages: In some states, including Oklahoma, punitive damages may be awarded in cases where the defendant’s actions were especially reckless or egregious. Distracted driving, particularly texting while driving, may qualify as such an action. While punitive damages are not always awarded, they can significantly increase the amount of compensation you receive if the case warrants it.
However, it’s important to note that distracted driving does not automatically mean you’ll win your case or receive higher compensation. Your attorney must be able to prove that the driver’s distraction directly caused the accident and your injuries.
What to Do If You’re Involved in an Accident With a Distracted Driver
If you’ve been involved in an accident and believe distracted driving was a factor, here are the steps you should take to protect your rights and strengthen your claim:
- Seek medical attention immediately: Even if you feel fine, getting checked by a healthcare professional can help detect any hidden injuries and create a medical record that links your injuries to the accident.
- Call the police: Make sure the accident is reported, and provide any details that might suggest distracted driving was involved. Be sure the police document any signs of distraction, such as the other driver’s use of a phone or failure to pay attention.
- Gather evidence: If possible, take photos of the scene, including the vehicles involved, any visible damages, and the area around the accident. Also, collect contact information from any witnesses who may have seen the driver engaging in distracting behavior.
- Contact an attorney: An experienced personal injury lawyer can help you navigate the complexities of proving distracted driving. They can also assist in obtaining records, gathering evidence, and negotiating with insurance companies to ensure you get the compensation you deserve.
Dealing With Insurance Companies
If you’re involved in an accident with a distracted driver, the insurance process can be complicated. The other driver’s insurance company may try to downplay their driver’s actions or argue that the accident was caused by something other than distraction. This is why it’s essential to have strong evidence and an attorney who can advocate on your behalf.
Insurance companies may also attempt to offer a quick settlement, but it’s often a good idea to consult with an attorney before accepting any offer. A quick settlement may not fully account for your medical bills, lost wages, and pain and suffering.
Conclusion
Distracted driving is a serious issue that can have lasting consequences for car accident victims. Proving that the other driver was distracted requires strong evidence, such as witness statements, cell phone records, or accident footage. If you’ve been involved in a crash caused by a distracted driver, working with an experienced attorney can help you navigate the claims process, secure the compensation you deserve, and hold the negligent driver accountable for their actions.
