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What are the Most Common Types of Distractions While Driving?

Staying safe on Nevada roads means avoiding distractions that can lead to devastating accidents. Unfortunately, many American drivers are distracted by cell phones and other things that cause collisions and injuries.

If a distracted driver hits and injures you, seeking compensation for your losses is paramount. A Paradise car accident attorney may help maximize compensation for medical bills, lost earnings, and more.

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What Is Distracted Driving? 

What Is Distracted Driving 

Distracted driving is anything that diverts the driver’s attention from the road. This practice may include talking or texting on the phone, eating and drinking, checking the GPS, etc. Texting is the most hazardous of all distracted driving activities because it removes your eyes from the road for several seconds. Driving 55 MPH is like traveling the length of a football field with your eyes closed!

How Common Are Distracted Driving Accidents? 

Distracted driving accidents are increasing in the United States. Consider the following distracted driving statistics from the last few years:

You should always speak to a distracted driving attorney if you suffered an injury in one of these accidents. An attorney knows how to maximize your compensation for your injuries.

What Are The Most Common Causes Of Distracted Driving? 

There are three types of distracted driving, all of which can cause severe accidents and death:

  • Visual: Taking your eyes from the road while driving. 
  • Manual: Taking your hands from the steering wheel while driving. 
  • Cognitive: Not focusing your attention on the road. 

The most common forms of distracted driving are:

Texting and Driving

According to a recent study, 7.6 percent of drivers on American roads use smartphones while driving. The United States saw mass adoption of smartphones in 2008. The next year, the number of traffic deaths stopped dropping. There has been a slight rise in deaths since then, and it’s estimated that auto accidents related to cell phone use are involved in 27 percent of accidents.

Do you suspect the other driver was using a cell phone and caused your accident? Tell the police and your auto accident lawyer. The lawyer can review the driver’s cell phone records to prove if they were using it during the accident. Your case may be helped if the police cite them for driving while using a cell phone.

Radio and GPS

The NHTSA states that 66 percent of drivers admit to adjusting the radio while driving. Depending on how old the car is, changing the radio can be a significant distraction; the driver may need to adjust the radio with a knob or dial manually.

Fortunately, many modern vehicles have radio controls on the steering wheel to reduce distractions. Most cars also come with satellite radio or Bluetooth, but these advances may make the driver look at their cell phone to pull up a podcast or playlist.

This is also true of GPSs. Many cars have helpful navigation systems, but drivers may be distracted by looking at directions on the screen. Distracted driving accidents caused by GPS are prevalent when drivers don’t know the area they are driving.

Personal Grooming

Personal grooming is less common than cell phone use, but it happens. It is more common with young female drivers, especially their hair. Drivers must take at least one hand from the wheel but may take both off and balance the wheel with their legs. It is extremely dangerous.

Personal grooming distractions may also include putting on makeup. People who put on makeup while driving may move the rearview mirror to get a better look at their faces. This is also a serious distraction that can trigger a terrible accident.

Eating and Drinking

Eating and drinking behind the wheel were the top distractions before cell phones. Eating and drinking while driving is still a common problem in our busy world today. There are fast-food restaurants everywhere, and eating on the go is tempting.

Remember, any snack or drink while driving requires the driver to take a hand from the wheel, and their attention is diverted for a few seconds. Yes, drivers often use one hand when driving, but having both hands on the wheel is important to avoid accidents and objects on the road.

Reaching for Something 

Reaching for an item while driving is dangerous. Both hands are often taken from the wheel, and the driver is distracted for several seconds. Drivers who need to reach for something in the backseat or floor should pull over.

Children Crying

Do you have a child in the backseat when you drive? They may start to misbehave or cry when you are on the road. It’s important not to be distracted by children crying in the back seat. Instead, pull over to tend to your children to avoid accidents.

Arguments

Arguments while driving can become heated and may lead to severe accidents. For example, a couple may argue while on the road, and the driver can run a stop sign or red light, cut someone off, etc. When conversations get heated in the car, it’s best to pull over and let everyone cool off for a few minutes.

Whatever the cause of driver distraction, a car accident attorney may assist with compensation if they injured you or your loved ones. Speak to an experienced auto accident lawyer today in a free consultation to determine if you have a viable case.

Evidence To Prove A Distracted Driver Claim 

Were you hit by a distracted driver and injured? You may have seen that they were distracted, but it must be proven. The next step is to gather evidence that they were distracted when the crash occurred. For instance, do you think the driver was glancing at a cell phone when driving? You can ask the police or your attorney for their cell phone records. The information may show timestamps that align with when the accident occurred.

Do you think the driver was eating or drinking? You can ask the police to take photos of the vehicle’s interior. The images can show wrappers and food scraps that suggest they were eating at the time of the accident. More examples of possible evidence to prove distracted driving are:

  • A car accident report by the police that states an opinion on whether distraction caused the accident. 
  • Surveillance camera footage shows the driver was not looking at the road when the crash happened. 
  • A statement from the driver where they admitted being distracted. 
  • A witness stated that the driver was distracted before the crash. 

You should provide any evidence you have from the accident to your attorney. They will use this evidence to hopefully prove the other party was negligent and caused the accident.

How A Car Accident Attorney Determines Liability 

How A Car Accident Attorney Determines Liability 

Suppose that another driver was distracted while texting and hit your car. You have injuries and a totaled vehicle, so you should be compensated, right? Possibly, but you and your attorney must prove that the other driver was negligent.

Determining liability and negligence after a car accident depends on the facts of the case. The insurance company or court will only award you damages if you have proven by a preponderance of the evidence that they injured you. To make the claim actionable, the following facts must be proven:

  • The driver had a duty of care. For example, car drivers have a duty of care to avoid distractions and drive safely. 
  • The driver violated their duty of care by texting and driving, which caused the accident. 
  • The driver injured you: You also must show that your injury was because of the driver’s negligence. 
  • You have damages from the accident: For example, you have broken bones that cost you $10,000 in medical bills and $5,000 in lost earnings. 

Sorting out who is liable in a distracted driving accident is easier said than done. You must prove they were distracted, such as with cell phone records or witness statements. A distracted driving accident attorney can help with this difficult task.

Potential Compensation For Distracted Driving Accident Victims

As a victim of a distracted driver, you can receive compensation. First, you may receive compensation for your current and future medical bills. A severe car accident injury may require months or even years of treatment. Your auto accident attorney will work with your doctors to understand your prognosis and future medical needs. They will estimate the extent of your future medical bills and demand fair compensation from the insurance company.

Second, you can receive compensation for your lost earnings. This money may include past earnings losses as well as future income. A serious or debilitating injury may cause a permanent loss of income and ability to work, and you should be paid for that.

Third, a distracted driving accident and injury may cause you severe pain and suffering. Severe injuries are often painful, as are the treatments and rehabilitation.

Lastly, you can be compensated for your damaged or totaled vehicle.

Your auto accident attorney will carefully estimate your total losses and make a demand from the insurance company. It’s common for the sides to be far apart during opening settlement negotiations, but your attorney will make counteroffers and try to get you as much as possible.

Fault System For Accident Liability

Many states, such as Nevada, have a fault system for insurance and auto accidents. If a driver causes an accident, they should pay for the damages and injuries. This payment may include medical expenses, lost earnings, vehicle repair or replacement, and pain and suffering.

In many fault states, drivers must carry at least $25,000 in bodily injury coverage per person, $50,000 per accident, and $20,000 for property damage. Damages may exceed these limits, so your auto accident attorney may file a personal injury lawsuit to obtain the remaining damages. You can also file a lawsuit if the driver’s insurance company offers too little compensation. Either way, your auto accident attorney will represent your best interests by maximizing your payout.

What Is Your Distracted Car Accident Case Worth? 

It depends. Auto accidents vary from minor to catastrophic and fatal, so the amount the injury victim recovers depends on these factors:

  • Your injuries: Suppose a distracted driver T-boned you at an intersection and broke your back. You are paralyzed from the waist down. This is a catastrophic injury that will lead to a much higher settlement value than if you broke your arm. More severe injuries that involve long-term or permanent injury are worth the most. 
  • Your medical needs: Someone with a spine injury will probably need years of care and treatment. This case would have a higher value than if the person healed after a month from a minor back injury. 
  • Insurance policy: As noted earlier, many drivers in many states only have to have $25,000 of bodily injury coverage. If you have $500,000 in damages, you won’t be able to collect unless you can sue the driver for the rest. Most people don’t have that much in assets, so your options may be limited. 
  • Age and health: Younger people in good health may have a higher case value. This is because they have a longer time in the workforce than a retired person, so they may receive more for lost earnings. 
  • Procedures required: Did you need surgery and rehabilitation for your injuries? These factors would lead to a higher value than if you were treated and released from the ER. 

Speak To A Car Accident Attorney Today 

You were seriously injured in a devastating car accident. Now, you can’t work, and the bills are piling up. Always retain a car accident attorney if a distracted driver injured you in a crash. A Personal Injury Lawyer in Paradise will review your case for free and outline your legal options. A contingency agreement pays your attorney and will work to get you the most compensation possible from the insurance company.

MOTOR VEHICLE ACCIDENT

AUTO ACCIDENT
INJURY

Resulting in neck injury

$9M

SETTLEMENT

Result

MOTOR VEHICLE ACCIDENT

TIRE
EXPLOSION

Resulting in loss of limb

$5.1M

SETTLEMENT

Result

MOTOR VEHICLE ACCIDENT

TRUCK
ACCIDENT INJURY

Resulting in neck injury

$3M

SETTLEMENT

Result

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woman holding her head in front of a crashed car

I WAS INJURED IN AN ACCIDENT What Do I Do Now?

BY SCOTT L. POISSON

  • Do I Have A Case?
  • Dealing With The Insurance Company
  • When a Lawsuit Is Filed
  • Overcoming Common Defense Themes
  • Special Considerations in Specific Types of Cases
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