Introduction

Distracted driving has become a leading cause of accidents on our roads, significantly impacting personal injury claims. At Lockamy & Associates, we are committed to helping victims of distracted driving accidents navigate the complexities of their claims. This article explores how distracted driving contributes to accidents and affects personal injury claims.

Understanding Distracted Driving

Distracted driving involves any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, or fiddling with the stereo, entertainment, or navigation system. These distractions can severely impair driving abilities, leading to accidents and severe injuries.

How Distracted Driving Contributes to Accidents

1. Reaction Time: Distracted drivers have slower reaction times, making it difficult to respond to sudden changes in traffic conditions, such as a vehicle stopping abruptly or a pedestrian crossing the street.

2. Impaired Judgment: Distractions can impair a driver’s judgment and decision-making abilities, increasing the likelihood of risky behaviors such as speeding, running red lights, or making unsafe lane changes.

3. Decreased Situational Awareness: When drivers are distracted, they are less aware of their surroundings. This lack of awareness can lead to collisions with other vehicles, pedestrians, or stationary objects.

The Legal Implications of Distracted Driving

1. Establishing Fault: In personal injury claims, establishing fault is crucial. If it can be proven that the driver was distracted at the time of the accident, this can significantly strengthen the victim’s case. Evidence such as phone records, eyewitness testimonies, and traffic camera footage can be instrumental in proving distracted driving.

2. Negligence Per Se: Distracted driving often falls under the legal doctrine of negligence per se, which means that the act itself is considered negligent because it violates traffic laws designed to protect public safety. If a driver is found to have violated such laws, this can automatically establish their liability in a personal injury claim.

How Distracted Driving Affects Personal Injury Claims

1. Higher Compensation: Victims of accidents caused by distracted drivers may be entitled to higher compensation due to the reckless nature of the driver’s behavior. Compensation can cover medical expenses, lost wages, pain and suffering, and other damages.

2. Punitive Damages: In some cases, victims may be awarded punitive damages, which are designed to punish the wrongdoer and deter similar behavior in the future. This is particularly relevant in cases where the distracted driving behavior was egregious, such as texting while driving at high speeds.

3. Insurance Settlements: Insurance companies may be more inclined to settle claims involving distracted driving out of court to avoid the risk of a higher judgment against their policyholder. However, it is essential to have a skilled attorney to ensure that the settlement offered is fair and adequate.

Steps to Take After a Distracted Driving Accident

1. Seek Medical Attention: Your health and safety are paramount. Seek medical attention immediately, even if you feel fine, as some injuries may not be immediately apparent.

2. Document the Accident: Gather as much evidence as possible from the accident scene. Take photos, collect witness contact information, and make notes about the circumstances of the accident.

3. Contact Law Enforcement: File a police report to have an official record of the accident. Be sure to mention any suspicions you have about the other driver being distracted.

4. Consult an Attorney: Contact a personal injury attorney experienced in handling distracted driving cases. At Lockamy & Associates, we offer a free consultation to discuss your case and determine the best course of action.

Conclusion

Distracted driving is a serious issue that significantly impacts personal injury claims. If you or a loved one has been injured in an accident caused by a distracted driver, it is crucial to take immediate legal action to protect your rights and secure the compensation you deserve. At Lockamy & Associates, we are dedicated to providing expert legal representation and guiding you through every step of the process.