Distracted driving occurs when an individual takes their eyes off the road, even for a short amount of time. For example, a driver may be eating, drinking, looking at their phone, programming a GPS navigation device, or adjusting the volume on their radio. When drivers become distracted, they are more likely to cause a serious crash.
While there are certain things you can do to try and avoid distracted drivers, such as paying close attention to the road yourself and looking out for individuals who are driving erratically, in many situations, these types of collisions are unfortunately unavoidable.
If you sustained injuries in a recent distracted driving crash, a skilled Athens motor vehicle accident lawyer can handle every aspect of your claim or lawsuit. First, your lawyer can obtain a copy of the police report and investigate the circumstances of your accident. Next, they can file a claim with the at-fault driver’s insurance company in pursuit of favorable settlement compensation. If the insurance company does not compensate you favorably, then your lawyer may file a lawsuit or litigate your case through the court system to a resolution.
Types of Accidents That Distracted Drivers Cause
Distracted driving is one of the leading causes of crashes on the road today. Drivers who take their eyes off the road, hands off the wheel, or minds off driving can easily cause serious collisions. Here are the most common types of crashes that happen due to distracted driving:
- Rear-end Collisions – Rear-end crashes are one of the most common types of accidents caused by distracted driving. When drivers are not paying attention, they may fail to notice the car in front of them slowing down or stopping. By the time they realize what is happening, it is often too late to avoid hitting the car. Texting, talking on the phone, or fiddling with the radio can easily lead to these types of crashes.
- Side-impact or “T-Bone” Collisions – Distracted drivers often run red lights or stop signs because they are not focused on their surroundings. As a result, they may crash into the side of another vehicle at an intersection, causing a side-impact collision, also known as a “T-bone” accident. These crashes can be especially dangerous because the sides of cars do not offer as much protection as the front or back.
- Head-on Collisions – When cell phones, GPS, or other in-car devices distract drivers, they may drift into oncoming traffic, causing a head-on collision. These types of crashes are particularly deadly because both vehicles are often traveling at high speeds when they collide, multiplying the force of the impact.
- Sideswipe Accidents – Sideswipe collisions happen when distracted drivers drift out of their lane and scrape or crash into the side of another car. This type of collision often occurs on highways when drivers are not paying attention and fail to stay in their designated lane. A simple distraction, for example, adjusting the temperature or eating, can lead to this type of crash.
- Single-car Accidents – Sometimes, distracted drivers lose control of their vehicle and end up hitting guardrails, trees, or other objects on the side of the road. These accidents often result when drivers are looking at their phones or otherwise not focused on the road. Vehicle passengers may suffer serious injuries in these types of collisions.
Common Injuries in Distracted Driving Accidents
Distracted driving accidents can result in a wide range of injuries, some of which are severe and life-changing. When drivers lose focus and cause crashes, the force of the collision can lead to injuries for both drivers and passengers. Here are some of the most common injuries that victims of distracted driving accidents may suffer:
- Head Injuries – Distracted driving accidents can cause victims to hit their heads on the steering wheel, dashboard, or window, which can result in concussions or more serious traumatic brain injuries (TBIs). Symptoms of a concussion include headaches, dizziness, confusion, and memory problems. Severe brain injuries may lead to permanent cognitive and physical impairments.
- Whiplash – Whiplash is another common injury in after car accidents, especially in rear-end collisions. It happens when the neck snaps back and forth quickly due to the impact, straining the muscles and ligaments in the neck. People with whiplash may experience neck pain, stiffness, headaches, and limited range of motion. Though it’s not always immediately apparent, whiplash can cause lasting discomfort.
- Internal Injuries – Distracted driving crashes can also cause internal injuries – for instance, damage to organs such as the liver, spleen, or lungs. These injuries are often hard to detect immediately but can be life-threatening if not treated quickly.
- Broken Bones – The impact of a car crash can easily cause broken bones. Arms, legs, ribs, and even the collarbone are often vulnerable in accidents. Depending on the severity, a broken bone may require surgery, physical therapy, and months of recovery. In some cases, fractures can lead to long-term complications.
- Spinal Cord Injuries – Injuries to the spine are some of the most serious outcomes of car accidents. A distracted driving collision can cause damage to the spinal cord, resulting in partial or complete paralysis. Even less severe spinal injuries can lead to chronic pain, limited mobility, and the need for lifelong medical care.
- Cuts and Bruises – Cuts and bruises from broken glass, loose objects, or airbags are also common in car accidents. These injuries may not be life-threatening but can still cause pain and discomfort.
How To Avoid Distracted Drivers
Avoiding distracted drivers on the road is crucial for staying safe and preventing accidents. Even if you are paying attention, other drivers may not be. Here are the most important things you can do to try and avoid distracted drivers who may potentially cause an accident:
- Stay Alert and Focused – The best way to protect yourself from distracted drivers is by staying fully alert and focused on the road at all times. Keep your eyes moving and scan your surroundings regularly. Pay attention to what is happening around you, especially to the behavior of other drivers. If you notice someone swerving, braking erratically, or drifting out of their lane, they may be distracted. Remain cautious and give them extra space.
- Keep a Safe Following Distance – Maintaining a safe distance between your car and the vehicle in front of you is key to avoiding accidents. A safe distance gives you more time to react if the driver ahead is distracted and suddenly slams on their brakes or makes an unexpected maneuver. A good rule of thumb is the “three-second rule”: keep at least three seconds of space between you and the car in front of you. In bad weather or heavy traffic, you should increase that distance.
- Avoid Driving in Blind Spots – Distracted drivers are less likely to check their blind spots before changing lanes. To reduce the risk of getting hit, try not to linger in another driver’s blind spot. If you need to pass a car, do so quickly and safely. Always stay aware of where you are in relation to other vehicles and adjust your position to avoid potential hazards.
- Watch for Signs of Distracted Driving – Learn to recognize the common signs of distracted driving, such as sudden lane changes, delayed reactions at traffic lights, or cars that are drifting between lanes. If you notice these behaviors, slow down and increase the distance between you and the distracted driver. It is also a good idea to avoid driving next to a vehicle where the driver is visibly texting or talking on the phone.
Proving a Distracted Driving Accident Claim or Lawsuit
To succeed in a distracted driving claim or lawsuit, you need to prove certain legal elements that demonstrate the other driver’s negligence. The following are the key elements and how they can be proven in court:
- Duty of Care – The first element is proving that the driver owed you a duty of care. In simple terms, all drivers have a legal responsibility to drive safely and follow traffic laws to protect others on the road. Duty of care is usually easy to establish since anyone driving a vehicle automatically has this duty to others. For example, drivers are expected to obey speed limits, stop at red lights, and pay attention to the road.
- Breach of Duty – Next, you must prove that the distracted driver breached their duty of care. A breach occurs when the driver fails to act in a reasonably safe manner. In a distracted driving case, a breach typically means the driver was texting, talking on the phone, eating, or otherwise not paying full attention to the road. Evidence that shows a breach of duty can include witness statements, police reports, or even cell phone records showing the driver was using their phone at the time of the accident.
- Causation – After proving that the driver breached their duty of care, you must show that their distracted driving directly caused the accident, which is called causation. To establish causation, you need to demonstrate that the accident would not have happened if the driver had not been distracted. For instance, if a driver ran a red light because they were texting, and a collision resulted, you would have a strong case for causation. Evidence such as traffic camera footage, eyewitness testimony, and accident reconstruction experts can help prove this element.
- Damages – Finally, you need to prove that you suffered damages as a result of the distracted driver’s actions. Damages can include physical injuries, property damage, medical expenses, lost income, and emotional distress. To prove damages, you can use medical records, repair bills, and pay stubs. Testimony from doctors or other experts can also support your claims about the severity of your injuries and the effect on your life.
In a distracted driving claim, successfully proving these four elements – duty, breach, causation, and damages – is essential for recovering compensation. The stronger the evidence you can present, the better your chances of winning your case or reaching a favorable settlement.
Recoverable Compensation in a Distracted Driving Accident Case
If you suffered an injury in a distracted driving accident, you may be entitled to compensation for your various losses. The specific types and amounts you can recover depend on the severity of your injuries and the repercussions on your life. The following are the most common types of losses in a distracted driving accident case:
- Medical Expenses – One of the primary losses is medical bills, including all the costs associated with treating your injuries, such as hospital stays, surgeries, doctor visits, physical therapy, medications, and medical equipment such as crutches or wheelchairs. If your injuries require long-term or ongoing care (such as partial or complete paralysis), you can also recover compensation for future medical expenses.
- Lost income – If your injuries prevent you from working, you can recover compensation for lost earnings, which includes the income you lost while you were recovering and unable to go to work. If your injuries are severe and you are unable to return to your previous job, you can also recover compensation for loss of future earning capacity. This compensation covers the difference between what you would have earned and what you can earn following the crash.
- Pain and Suffering – Compensation for pain and suffering accounts for the physical pain and emotional distress you experience as a result of the accident. This type of loss is more subjective and can be harder to calculate, but it is meant to address the effects the collision has had on your quality of life. Factors like the severity of your injuries, the length of your recovery, and any permanent disabilities can affect the amount you may be awarded.
- Property Damage – If your vehicle or other property was damaged in the accident, you can recover compensation to cover repair or replacement costs, including the cost to fix your car or the fair market value if it was totaled.
- Loss of Life Enjoyment – In cases where the accident has significantly affected your ability to enjoy life, you may be entitled to compensation for loss of life enjoyment. This type of damage is awarded when your injuries prevent you from participating in activities you used to enjoy, such as hobbies, sports, or spending time with family.
Speak with an Experienced Motor Vehicle Accident Lawyer Today
If you recently sustained injuries in a distracted driving accident, you may be eligible to recover compensation. A skilled Athens personal injury attorney can swiftly investigate your accident circumstances, go over your legal options with you, and pursue the compensation and justice you deserve for your injuries.