Distracted driving has become a major concern on our roads, endangering the lives of drivers, passengers, and pedestrians alike. Anything that takes a driver’s attention off the road, even briefly, is distracted driving. What are the most common types of distractions while driving? Common distractions while driving include visual, manual, and cognitive distractions. Changing the radio station, fiddling with navigation, eating, or even daydreaming fall into these categories. Cell phones are another major distraction while driving, with drivers talking and texting instead of paying full attention to the road.
When a driver’s attention is diverted from the task of driving, even for a moment, the consequences can be severe. Car accidents resulting from distracted driving can lead to serious injuries, property damage, and potential legal claims. The attorneys at Berry Law often handle personal injury claims to represent people injured in these types of traffic crashes. Let’s take a closer look at some common driving distractions and how someone injured in a distracted driving accident can get help.
If you or a loved one has suffered injuries in a car crash caused by a distracted driver, reach out to a knowledgeable car accident lawyer near you today.
Visual Distractions are One of the Most Common Types of Distractions While Driving
Visual distractions occur when a driver’s eyes are taken off the road. Common examples include reading text messages, looking at a GPS device, or applying makeup while driving.
These distractions can be particularly dangerous because they cause the driver to miss critical information about their surroundings, such as traffic signals, road signs, or other vehicles. Even a brief glance away from the road can result in a driver traveling the length of a football field without looking, putting themselves and others at risk.
Manual Distractions
Manual distractions involve a driver taking one or both hands off the steering wheel. Eating, drinking, adjusting the radio or climate controls, and reaching for objects inside the vehicle are all examples of manual distractions.
When a driver’s hands are not on the wheel, their ability to control the vehicle is significantly reduced. This can lead to swerving, delayed reaction times, and an increased likelihood of accidents.
Cognitive Distractions
Cognitive distractions occur when a driver’s mind is not focused on the task of driving. Daydreaming, engaging in intense conversations with passengers, or experiencing emotional stress can all take a driver’s attention away from the road.
Even if a driver’s eyes are on the road and their hands are on the wheel, cognitive distractions can impair their judgment and decision-making abilities, making it one of the most common types of distractions while driving. This can result in slower reaction times, failure to anticipate potential hazards, and an increased risk of accidents.
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Cell Phone Use and Texting While Driving are Some of the Most Common Types of Distractions While Driving
One of the most prevalent and dangerous forms of distracted driving is the use of cell phones, particularly for texting. Texting while driving combines all three types of distractions – visual, manual, and cognitive – making it an especially hazardous activity.
When a driver is reading or composing a text message, their eyes are off the road, their hands are off the wheel, and their mind is focused on the conversation rather than driving. Many states have implemented laws and regulations to combat the use of cell phones while driving, recognizing the severe risks associated with this behavior.
Consequences of Distracted Driving
Distracted driving significantly increases the risk of car accidents and injuries. According to the National Highway Traffic Safety Administration (NHTSA), in 2022 distracted driving claimed 3,308 lives.
Injuries resulting from distracted driving accidents can range from minor bruises and cuts to severe traumatic brain injuries, spinal cord damage, and even fatalities. In addition to the physical and emotional toll, distracted driving accidents can also result in substantial financial burdens, including medical expenses, lost wages, and property damage.
Distracted drivers who cause accidents may face legal liability for their actions. People who were injured in distracted driving accidents may be entitled to compensation for their injuries, suffering, and financial losses. For anyone injured in an accident caused by a distracted driver, it is essential to seek legal advice from experienced personal injury attorneys.
Filing a Personal Injury Claim for Distracted Driving Accident Injuries
When an individual is injured in a car accident caused by a distracted driver, they may be entitled to file a personal injury claim to seek compensation for their damages. The process of filing a claim can be complex, with many required steps and legal deadlines.
After being involved in a distracted driving accident, the priority should be to seek medical attention for any injuries. Even if the injuries seem minor, drivers and passengers involved in the crash should have a thorough medical evaluation. A physician can document the extent of the damage and identify any serious injuries that might not be visible, like internal bleeding or a traumatic brain injury. Medical records will also help establish a connection between the accident and the injuries sustained. This can be important evidence in a personal injury claim.
Next, the injured party should report the accident to their insurance company and the at-fault driver’s insurance company. It is important to provide a clear, factual account of the incident, including any evidence of distracted driving, such as witness statements or phone records. However, be careful not to take any blame for the crash that the insurance company may use against a claimant.
Gathering evidence is a critical step in building a strong personal injury claim. An experienced personal injury attorney can help with this part of the process. This may include obtaining a copy of the police report, photographing the damage to the vehicles involved, and collecting contact information for any witnesses. If the distracted driver was using a cell phone at the time of the accident, phone records may be subpoenaed to prove that they were texting or making a call.
How Much Time Do I Have to File a Claim?
In Nebraska, the statute of limitations for filing a personal injury claim is four years from the date of the accident. This means that an injured party has four years to file a lawsuit against the at-fault driver. However, it is crucial to initiate the claims process as soon as possible to ensure that evidence is preserved and to avoid potential complications.
Talk to an Experienced Distracted Driving Accident Lawyer
Consulting with an experienced personal injury attorney can be invaluable when filing a claim for distracted driving accident injuries. An attorney can help navigate the legal process, communicate with insurance companies, and negotiate a fair settlement. They can also gather and preserve evidence, interview witnesses, and consult with medical experts to build a compelling case.
In some cases, the insurance company may offer a settlement that does not adequately compensate the injured party for their damages. An attorney can evaluate the offer and advise on whether to accept it or to pursue further legal action. If a fair settlement cannot be reached, the attorney can represent the injured party in court and fight for the compensation they deserve.
When seeking compensation for distracted driving accident injuries, an injured party may be able to recover damages for medical expenses, lost wages, pain and suffering, and other related costs. An experienced car accident lawyer can help assess the full extent of the damages and work to maximize the compensation received.
Contact Berry Law to File a Distracted Driving Accident Claim
After a car accident caused by a distracted driver, the injured parties must protect their rights to seek the compensation they deserve. The experienced personal injury attorneys at Berry Law are dedicated to helping people injured in distracted driving accidents navigate the legal process and obtain the best possible outcome for their case.
Contact Berry Law today to schedule a consultation and learn more about how they can help fight for justice. Together, we can work towards reducing the prevalence of distracted driving and creating safer roads for everyone. Call (402) 466-8444 or contact us online.
