The Impact of Distracted Driving on Car Accident Claims

Nov 3 2023 By ZAYOUNA ADMIN

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Anyone can be involved in an automobile accident in almost any circumstance. Determining who is at fault for an accident requires knowledge of its origin, but the nature of the mishap may also be important information in a claim. This could have an impact on the extent and kind of the victim’s injuries, which establish the value of their claim. If you are filing a claim, you may need to consider the assumptions or inferences made regarding who may have been at fault as a result of certain accident types.

Finding the person at fault in an automobile accident requires looking into what caused it. Sadly, driver error is the primary cause of most auto accidents, and almost all of them are preventable. Hence, distracted driving has become a serious and worrisome problem on our roadways in a society where cell phones and constant connectedness are taking over. Distracted driving has far-reaching effects that extend beyond the short-term threats to safety; it also has a significant impact on how auto accident claims are resolved.

This blog delves into the complex connection between distracted driving and auto accident lawsuits, highlighting the psychological, financial, and legal ramifications for all parties concerned. Let’s explore the significant ways that distracted driving can impact the outcome of auto accident claims as well as the lives of individuals involved.

What are Distracted Driving Accidents

Driving while focusing on something other than the road is known as distracted driving. Hence drivers who are distracted when they drive could be considered careless and not practising responsible driving. To prove the negligence of the accused, a complainant must first establish how the accused violated the driving obligations. It is then explained why the accident occurred, and how the injured person suffered. This helps to provide a full understanding of the event and its consequences, enabling the ease of legal proceedings.

Generally speaking, driving involves the driver’s complete focus. When something unexpected happens, such as an animal jumping onto the road or a car braking unexpectedly, drivers need to be prepared to react. In addition, they have to respond accurately to traffic signals. Driving while paying attention to something else is probably a violation of the need to drive safely.

Any driver who is not giving their whole attention to the task of driving is considered distracted. Although there are many types of distracted driving, the three most prevalent ones are manual, visual, and cognitive. Each of these is explained below:

  • Manual distraction: When drivers are distracted and their hands are not on the steering, there are chances of an accident. They might be eating, smoking, fiddling with the radio, or something else.
  • Visual distractions: This happens when a motorist looks away from the road. This frequently occurs due to a driver staring at their phone—more precisely, text messages or something outside the vehicle.
  • Cognitive distractions: Whenever a driver’s attention is diverted from the road, this occurs. This might be the result of daydreaming, becoming sidetracked by a discussion, or even being inebriated.
What Are Distracted Driving Accidents - Zayouna Law Firm

These are just a few of the situations when distracted driving can result in collisions, injuries, and even fatalities. Therefore, all drivers must understand the risks posed by distractions and take precautions to prevent them.

What To Do Following An Incident

It is advisable to take pictures of the road debris or skid marks in addition to the damage to your vehicle while you are at the scene. You ought to notify your insurance company about the situation. You should also speak with and seek advice from a personal injury lawyer if you think the other motorist was at fault and you sustained injuries.

When they realize that they ought to have been paying attention, most people want to say sorry. But, you shouldn’t accept responsibility for the collision or provide the other motorist an explanation if you think your distracted driving was the cause of it. After an accident, any confessions of fault you make may be used against you by the other driver’s insurance company or at the court.

Make certain that you follow these steps:

  • Notify the police of the accident at the earliest
  • Share insurance details
  • Find out witnesses
  • Take photographs of the damages
  • Take images of the scene of the collision

In very complicated circumstances where many drivers were involved in collisions and multiple drivers were distracted, the parties may need to hire a forensic engineer or accident reconstruction specialist to ascertain the true and likely reasons for the accident.

What To Do Following An Incident - Zayouna Law Firm

How Is Distracted Driving Proven?

Distracted driving causes many accidents, but how do you show the other motorist who impacted your car was texting while driving? Understand how evidence can be used to prove that another driver was distracted by texting, eating, or other activities.

You can use several methods to demonstrate that the defendant was driving while distracted and let’s look into the details of it.

Dash cam footage is one method someone could demonstrate that another driver was inattentive and caused an accident. These days, a lot of cars have dash cams installed to film collisions and maybe assist in establishing the other driver’s guilt. Dash cam footage can be used to refute the other driver’s claim that they were distracted in the event of an accident.

Eyewitness testimony is another method of demonstrating that another motorist was preoccupied. Assume that before the collision, some witnesses observed the other driver distracted by their phone or not paying attention. Their evidence might then be used to demonstrate negligence.

Lastly, let’s say there is any proof that the other motorist was using their phone—like text messages or posts on social media—at the time of the collision. Under such circumstances, this might potentially be used as proof that the driver was inattentive.

The Effect of Driving While Distracted on Compensation

Distracted driving plaintiffs may seek damages for a range of losses in auto accident lawsuits, such as pain and suffering, lost earnings, and medical costs. The degree of the inattentive driver’s negligence and the extent of the injuries determine how much compensation is available in these situations. Contributing negligence may apply in some situations, limiting the compensation a victim can obtain in a settlement because of their negligence.

Final Thoughts

It has been quite evident that negligent driving has many complex aftermaths, including the physical and emotional toll it takes, insurance issues, and legal proceedings. Distracted driving affects lives, livelihoods, and our shared duty for road safety; it’s more than just a fleeting moment of poor judgment.

The effect that distracted driving has on claims resulting from auto accidents serves as a clear reminder of the urgent need for increased awareness and action against this risky trend. The consequences are severe whether you are on the side of the person who was hurt or the one who caused the injury. It’s an appeal for motorists to put responsibility and attention first when operating a vehicle. Let this serve as a reminder that our choices behind the wheel have a far-reaching impact, extending well beyond the confines of the accident scene.