Distracted driving is a serious problem that poses a danger to all drivers on the road. With the goal of mitigating distracted driving accidents, the Department of Transportation of the State of Pennsylvania has made it illegal to text while driving, noting that phones are one of the biggest causes of such auto accidents.
Unfortunately, accidents caused by distracted drivers, whether due to texting or other, can result in serious injuries or even death for the victims. In the aftermath of such an incident, it’s only natural for the victims and their families to wonder when they can take legal action.
According to the National Highway Traffic Safety Administration, in 2020, distracted driving claimed the lives of more than 3,142 people. That is not just thousands of people who died much earlier than they should have; it’s thousands of families and loved ones who have been left to mourn and to suffer.
Distracted Driving: The Causes & Consequences
Distracted driving is a dangerous behavior that can have serious consequences. While most people recognize that texting and driving is a form of distracted driving, there are many other distractions that can take a driver’s attention away from the road. These distractions can include:
- talking on the phone
- adjusting the radio
- talking to others in the vehicle
Regardless of the source of the distraction, the result is the same: drivers cannot see or react to changes in the road ahead.
The effects of a distracted driving accident can be devastating for victims and their families. The physical injuries can be severe, ranging from broken bones and lacerations to traumatic brain injuries and spinal cord damage. Emotional trauma can also be significant, with victims experiencing anxiety, depression, and post-traumatic stress disorder (PTSD). In addition, the financial costs of medical treatment and rehabilitation can quickly add up, causing significant financial stress for victims and their families.
What Is Being Done To Stop Distracted Driving?
It’s essential to recognize the dangers of distracted driving and take steps to prevent it.
In addition to spreading awareness about the issue and teaching new drivers about the dangers of distracted driving, some states are taking action and using new methods to catch distracted drivers, including the use of technology. For example, some states are using devices that detect the use of cell phones while driving and automatically send a warning message to the driver. There are also apps that can be downloaded onto a driver’s phone, which will automatically disable the phone’s texting and calling capabilities while the car is in motion.
Another way states are trying to stop distracted driving is by implementing stricter laws and harsher penalties for those caught driving while distracted. For example, many states have banned the use of hand-held cell phones while driving, and some have even made it illegal to use hands-free devices while driving.
In addition, some states have implemented a graduated licensing system for new drivers, which limits their ability to use electronic devices while driving. This includes restrictions on the number of passengers new drivers can have in their car, as well as a ban on the use of electronic devices, including cell phones, while driving.
Ohio Police Take To The Sky To Stop Distracted Drivers
Police officers in Ohio are tracking driver’s speed and the distance between cars from the air, then radioing down to officers waiting on the ground with a description of the vehicle so that a traffic stop can be initiated. Video from the sky can later be used as evidence.
Maine Increases Fines For Drivers Using Cell Phones
According to the laws in Portland, Maine, drivers who are caught using a cell phone while driving can be fined between $50 and $250.
Despite increased action by state officials and police officers, distracted driving will continue to wreak havoc on the lives of the innocent. This is why the law allows the victims of these accidents to take legal action, providing them with a chance to recover the compensation they will need to get back on their feet.
Distracted Driving Accident Lawsuits Provide Victims With A Way To Fight For Compensation
It doesn’t matter if an accident involves a car, bus, truck, or motorcycle. Distracted driving is a form of negligence, and drivers who engage in this behavior have a legal duty to exercise reasonable care while driving. If their failure to do so causes an accident and resulting injuries, they can be held liable for any damages that result.
Filing a civil lawsuit can help you recover compensation for your injuries, medical bills, lost wages, and other damages. The compensation you receive will depend on the specific circumstances of your case, such as the severity of your injuries and the extent of your damages.
If you are unsure about whether you should file a lawsuit, it’s a good idea to consult with an experienced auto accident attorney. They can help you understand your legal rights, evaluate the strength of your case, and guide you through the legal process. It’s vital to act quickly, as there are statutes of limitations that limit the time you have to file a lawsuit.
Ultimately, if you have been the victim of a distracted driving accident, you don’t have to suffer alone. Filing a lawsuit can help you get the compensation you need to move forward with your life and hold the responsible party accountable for their actions. An experienced attorney can provide the support and guidance you need during this difficult time.
How Distracted Driving Lawsuits Proceed
The first step for a victim of distracted driving is to determine who is liable for the accident. In most cases, the liable party is the driver who was distracted at the time of the accident. However, there may be other parties who are also liable, such as the driver’s employer, if they were using a company vehicle or the manufacturer of a defective product that caused the distraction.
Once the liable party has been identified, the victim can file a personal injury lawsuit against them. In these cases, the victim will need to prove that the liable party was negligent in their actions and that this negligence caused the victim’s injuries. This can be done through the use of evidence such as witness statements, accident reports, and expert testimony.
It’s important to note that there are statutes of limitations for personal injury lawsuits. These laws limit the amount of time that a victim has to file a lawsuit after an accident. It’s important to act quickly in order to ensure that the case can be properly heard in court.
In addition to a personal injury lawsuit, the victim may also be able to pursue a wrongful death lawsuit if the accident resulted in the death of a loved one. These lawsuits are similar to personal injury lawsuits, but they are brought by the surviving family members of the deceased victim.
Why Contact An Experienced Distracted Driving Auto Accident Attorney?
When it comes to distracted driving accidents, contacting an experienced auto accident attorney is crucial. The legal process can be complex and stressful, and dealing with the aftermath of an accident is already difficult enough. An experienced attorney can help alleviate some of that stress by guiding you through the legal process and fighting for your rights.
One of the key benefits of working with an experienced attorney is that they can help preserve crucial evidence that can be used to support your case. This includes gathering witness statements, obtaining accident reports, and collecting other important information that can help prove liability. Additionally, an attorney can handle the legal paperwork, speak with insurance companies on your behalf, and prepare you for court if necessary.
At Schuster Law, we understand how devastating a distracted driving accident can be, and we are committed to fighting for the maximum recovery possible for each client. Our team of attorneys has helped thousands of car accident victims over the past three decades, and we use our passion for the law and our extensive knowledge to provide the best possible representation for our clients.
If you are considering filing a lawsuit after a distracted driving accident, we offer a free consultation where you can learn more about your legal options and our past successes. Contact our law office to schedule your consultation and take the first step toward getting the compensation you deserve.