What Are the Most Common Distractions While Driving?
Some of the most common driving distractions include speaking with others in the vehicle, texting, eating and drinking, and staring at sights in the distance. Any act that takes away from one’s ability to drive safely can be a distraction.
There are many reasons why federal authorities and many states are constantly working to reduce instances of distracted driving. However, injuries continue to happen due to distracted driving. If you or a loved one suffers injuries from a distracted driver, you can hire a car accident attorney in Tulsa to seek compensation.
There Are Three Primary Categories of Distraction
The Centers for Disease Control and Prevention (CDC) classifies driving distractions in three primary categories:
- Visual: These distractions take the driver’s eyes off the road, and staring at sights or one’s phone qualifies as visual distractions.
- Cognitive: Driving is a complex, ever-changing act, and cognitive distractions take the driver’s attention away from the act of driving.
- Manual: Safe driving requires the motorist to have two hands on the wheel. Any distraction that takes a motorist’s hand or hands off the wheel (like eating a burger) qualifies as a manual distraction.
Some forms of distraction are more dangerous than others, but even a fleeting moment of minor distraction can result in a collision. Motorists have a great responsibility every time they are behind the wheel and must focus their eyes, minds, and hands on driving safely.
Common Types of Distractions That Lead to Accidents
There is no shortage of distractions, considering that road conditions are always changing. Some of the most common distractions that lead to auto accidents are:
- Phone-related activities: Phones are perhaps the most common distraction among drivers today. Texting, speaking on the phone, posting on or consuming social media, and taking photos or videos are all distractions that can prove fatal.
- Eating and drinking: While eating and drinking may seem like routine activities, they become dangerous activities when someone is driving. Messy foods and hot drinks may be particularly hazardous.
- Sight-gazing: Motorists must keep their eyes on the road, even when bypassing scenes that capture their attention. When motorists look at sights other than the road for too long, they risk hitting the vehicle in front of them.
- Reaching for items in the vehicle: If a motorist drops something or needs to reach an item outside of their immediate vicinity, they must pull over. Reaching for items while driving may take the driver’s eyes off the road and hand off the wheel. This is immensely dangerous.
Focusing on other vehicle occupants or pets can also qualify as distracted driving. If any behavior diminishes the driver’s ability to drive safely, it qualifies as negligence and can be grounds for a lawsuit.
Impairment Can Increase the Likelihood of Distraction
Though even a sober, alert motorist can engage in distracted acts, those who are impaired are often distracted by the very nature of their impairment. If someone does not have a clear mind or total control of their physical abilities (as is often true of impaired motorists), they are a danger.
Some common types of impairment include:
- Alcohol intoxication, as about 37 people die in the United States every day because of drunk drivers
- Drug impairment
- Tiredness
- Emotional instability
- Visual impairment
Motorists who are unfit to drive a vehicle must never do so. Unfortunately, drivers in varying states of impairment occupy the roads every day, posing an immense risk to themselves and others.
I Suffered Injuries Because of a Distracted Driver, What Should I Do?
Unfortunately, injuries are a frequent consequence of distracted driving. If you or a loved one have broken bones, suffered a brain injury, or experienced any other injury because of a distracted driver, you should:
Receive Treatment from a Doctor
Medical care should always be the first priority after an auto accident. Getting a comprehensive medical evaluation is important because:
- You must know what injuries you’ve suffered
- You must receive a doctor’s treatment plan to prevent further injury and ensure your recovery
- A medical exam is necessary to prove the harm that the distracted motorist has caused you
If you have a doctor you trust, you can see them for care. Otherwise, local urgent care facilities may be sufficient to evaluate your injuries.
Detail Your Medical Care
As you receive post-accident treatment, document the care in as much detail as possible. This will be critical for your own records and also any insurance claim or lawsuit you pursue. Useful documentation may include:
- All bills for medical evaluation and treatment
- Images of your injuries (including but not limited to X-rays and MRIs)
- Your doctors’ diagnoses of accident-related injuries
- Your treatment instructions
Follow your doctor’s instructions to the best of your ability. Liable parties (possibly including insurers) may otherwise claim that you have worsened your injuries through your own actions after the accident.
Hire a Car Accident Lawyer (as Soon as Possible)
Car accident lawyers represent those injured during motor vehicle accidents. The lawyer’s job is to ensure you do not pay out of your own pocket for any accident-related damages.
You need to retain your car accident attorney as soon as possible because:
- Most states have deadlines for filing distracted driving accident claims and lawsuits
- Your attorney will want to document your damages as soon as possible following the collision
- Your attorney needs to obtain evidence related to your case, and that evidence may not be available indefinitely
Insurance companies may also present a lowball settlement offer. If so, they hope you accept the settlement and free the insurer from further financial responsibility. An attorney will determine how much compensation you deserve and dissuade you from accepting an unfair settlement offer.
Car Accident Lawyers Also Represent Victims of Fatal Distracted Driving Accidents
Thousands of victims die each year (and even more suffer injuries) because of the negligence of distracted drivers. If your loved one passes away from injuries caused by a distracted driver, hiring a lawyer may be one of your top priorities. Wrongful death cases can be particularly challenging because:
- Grief often overwhelms those affected by fatal accidents, preventing them from handling their own insurance claim or lawsuit
- Wrongful death cases often involve severe damages and large financial recoveries, and such compensation may be difficult to obtain
- Wrongful deaths cause an array of complex damages, and calculating those damages is not always easy
Every distracted driving accident case is serious, as every victim has economic and non-economic damages that warrant a fair settlement or verdict. You may hire a car accident attorney for several reasons, but the most important reason is that you want the compensation you deserve.
How Will a Car Accident Lawyer Help Me?
Attorneys work to take the weight of insurance claims and lawsuits off their clients’ shoulders. Your attorney will do this by:
Leading Case-Related Communications
Your attorney will deal with insurance companies, attorneys, court officials, and any other parties involved in your case. Your lawyer will lead communications because:
- There may be a substantial amount of back-and-forth in your case, and you should not be bothered by these communications
- Your attorney will want complete oversight of your case
- Your attorney can better protect your rights and interests by dealing with those who owe you compensation
From calls to emails and letters, your lawyer will be the contact point for your entire case.
Detailing Your Accident-Related Damages
Your lawyer must prove to liable parties how your accident has affected you. They may detail your damages using the following:
- X-rays, CT scans, MRIs, and other images of your injuries
- Doctors’ notes
- Medical bills
- Proof that you are unable to work because of injuries
- Proof of how much income you have lost because of those injuries
- Expert testimony about your pain and suffering
Your legal team will obtain as much documentation as possible; greater detail can make for a stronger case.
Calculating the Precise Financial Value of Your Damages
You are entitled to financial coverage for the full amount of your damages, not a cent less. Your attorney and their experts will assign a financial value to each of your damages. Only then can your legal team know how much compensation you deserve.
Negotiating with Insurers
One or more insurance companies may owe you money. Your attorney will work to ensure those insurers provide the settlement you are entitled to. The process of negotiating with insurance companies may require:
- Proving how the distracted driver caused your accident (therein proving the insurance company is financially responsible for your losses)
- Providing documentation of your accident-related damages
- Explaining the pain and suffering you’ve experienced since the collision
- Explaining how they calculated their settlement demands
Your lawyer will directly address any arguments the insurance company has against your case. They will not advise you to accept any settlement unless it compensates you fairly.
Filing a Lawsuit
Though most distracted driving accident cases result in a settlement, there is a possibility your case will require a lawsuit. If an insurance company or other party does not agree to cover the cost of your damages, your attorney will be ready to take legal action on your behalf.
Going to Trial (If Necessary)
If your lawyer files a lawsuit and liable parties still won’t settle fairly, a trial may be necessary. Your lawyer will lead this process as you continue to recover.
Damages Distracted Driving Accident Victims Deserve Payment For
Each victim of an auto accident has a unique injury profile. Your pain and suffering, property costs, and other damages will also be unique to you, so your attorney will investigate the many ways in which your accident has diminished your life.
Recoverable damages in your case may include:
- Healthcare expenses: Medical bills are often a substantial part of insurance claims and lawsuits. Your lawyer will contact your medical providers, review your records, and calculate the total cost of your medical expenses.
- Pain and suffering: Your accident may take a non-financial toll on you. Physical pain, emotional anguish, psychological distress, and similar damages are known as pain and suffering. There are specific ways to calculate such non-economic damages; your lawyer will know those calculation methods.
- Lost income and diminished earning power: When injuries prevent accident victims from doing their jobs, those victims often lose essential earnings. Long-lasting injuries can also decrease your earning power, as you may have to change careers or reduce hours because of accident-related ailments.
- Vehicle repairs: Presumably, your vehicle will need repairs or may even have to be replaced. Your attorney will include vehicle repair or replacement expenses in your claim or lawsuit.
- Property replacement costs: If any other property of yours became damaged by an accident, your lawyer will determine the replacement cost of those items.
The right car accident attorneys have a way of evaluating clients’ damages compassionately. Your lawyer will understand the traumatic event you have endured and will be respectful at every turn of your case.
Recoverable Damages If a Distracted Driver Claimed Your Loved One’s Life
If your loved one lost their life following an accident with a distracted driver, a lawyer can pursue compensation for damages, which may include:
- The cost of your loved one’s funeral and burial
- Your pain and suffering (including any grief and depression you endure)
- Loss of the decedent’s non-economic benefits, such as companionship
- Loss of the decedent’s income and employer-provided benefits
- Any other harm you’ve experienced because of your loss
Attorneys evaluate themselves on results. Your firm will invest its financial resources, manpower, and energy into your case. The firm will do everything in its power to secure the financial recovery you are entitled to.
Find Your Car Accident Lawyer as Soon as Possible
Most car accident lawyers use contingency fees, which means the firm only receives a fee if you receive compensation for your damages. This fee structure insulates you from financial risk and places all the motivation on your attorney to secure your financial recovery.
Find law firms in your area and speak with them about your case as soon as possible. Knowing that you can hold distracted drivers accountable for your losses can give you immediate peace of mind.