The Impact of Distracted Driving on Personal Injury Claims

As drivers are increasingly engaged (some would say obsessed) with mobile devices, onboard infotainment systems, and a myriad other distractions, distracted driving has become a major contributor to road accidents, and, consequently, personal injury claims. As distracted driving becomes ever more prevalent, the risk of accidents rises, significantly impacting both the frequency and severity of personal injury claims.

Defining Distracted Driving

Distracted driving refers to any activity that diverts attention from the primary task of driving, which can be categorized into three main types:

• Visual: Taking your eyes off the road (for instance, looking at a phone or GPS).
• Manual: Taking your hands off the wheel (eating, adjusting the radio, applying makeup, etc.).
• Cognitive: Taking your mind off driving (daydreaming, conversing with passengers).

Texting while driving is perhaps the most dangerous of all, as it combines all three types of distractions into one lethal package.

Some Statistics on Distracted Driving and Accidents

• Studies indicate that distracted driving accounts for a significant percentage of road accidents. The National Highway Traffic Safety Administration reports that thousands of fatalities annually in the U.S. are due to distracted driving.
• In 2022, 3,308 people were killed, and more than 289,000 people were injured in motor vehicle accidents involving distracted drivers.
• Young drivers are particularly prone to distractions due to increased usage of smartphones and social media, along with distractions from peer passengers. 235 of the above mentioned deaths were caused by distracted teen drivers.

How Distracted Driving Affects Personal Injury Claims

• Higher Claim Rates: Distracted driving increases the likelihood of accidents, leading to an increase in personal injury claims. Insurance companies often see higher claim rates in areas with increased instances of distracted driving.
• Severity of Injuries: Accidents caused by distracted driving can result in more severe injuries, as these incidents often occur at high speeds, or without sufficient time for drivers to react.
• Liability Issues: Establishing fault is a critical aspect of personal injury claims. In cases involving distracted driving, proving that the driver was distracted can strengthen the injured party’s claim. This can involve gathering evidence from phone records, witness testimony, and vehicle data. This is just one of many reasons why an experienced attorney is crucial in distracted driving personal injury claims.
• Insurance Premiums: Drivers with a record of distracted driving violations may face higher premiums, and repeat offenders may struggle to find affordable coverage, particularly if they’re deemed high risk.

Challenges in Personal Injury Claims Due to Distracted Driving

• Proving Distraction: Demonstrating that a driver was distracted at the time of the accident can be challenging. Cell phone records may help, but they only reveal part of the story.
• Defenses by Insurance Companies: Insurance companies may argue that factors other than distraction were responsible for the accident. They may also attempt to minimize claims by arguing that the injured party’s own negligence contributed to the accident.

Legal and Financial Implications for Drivers

• Legal Consequences: Drivers found guilty of distracted driving, especially if it leads to injury, can face hefty fines, penalties, and even jail time.
• Financial Repercussions: Distracted driving accidents often lead to expensive personal injury settlements, where the at-fault driver (or their insurance) may have to compensate the injured party for medical bills, lost wages, pain and suffering, and more.

Preventive Measures and Public Awareness

• Legislation: Many states and counties have enacted laws prohibiting the use of mobile devices while driving, with enforcement and penalties intended to discourage distracted driving. In Ohio, it is illegal in most cases to use or hold a cell phone or electronic device in your hand, lap, or other parts of the body while driving. It’s a primary violation, which means that if an officer sees a violation, they can pull you over.
• Education and Awareness Campaigns: Public awareness campaigns aim to highlight the dangers of distracted driving, and promote safer driving habits, especially among younger drivers.
• Technology Solutions: Some automakers and app developers have introduced features that disable texting or limit phone functionality while driving.

Distracted driving significantly impacts personal injury claims by increasing the frequency and severity of accidents and complicating liability issues. Because of these complications, because distracted driving can be difficult to prove, if you are the victim of an accident due to distracted driving, it’s important to hire an attorney with the experience, staff, and resources to guide you every step of the way, and recover the largest settlement possible.

If you or a loved one are involved in a personal injury incident, contact the attorneys at LaSalvia Law. We will fight to win you the compensation you deserve.