The Impact of Distracted Driving on Personal Injury Claims

What is Distracted Driving?

Distracted driving refers to any activity that diverts a driver’s attention away from the primary task of driving. This can include:

• Texting or using a smartphone

• Eating or drinking

• Talking to passengers

• Adjusting the radio, navigation, or other in-car systems

• Gazing at outside distractions, such as accidents or billboards

1. Establishing Negligence

In personal injury claims stemming from auto accidents, establishing negligence is crucial. Distracted driving, given its dangerous nature, can often be used as evidence of negligence. If it can be proven that a driver was texting, for instance, at the time of an accident, it can significantly strengthen the victim’s claim.

2. Impact on Settlements and Compensation

When distracted driving is a factor in an accident, it can impact the compensation awarded to victims. Courts are often more inclined to award higher compensations to victims when the at-fault driver was clearly distracted, recognizing the recklessness of such behavior.

3. Comparative Negligence

In some jurisdictions, the concept of comparative negligence is applied, where responsibility is divided among parties based on their contribution to the accident. If, for instance, a plaintiff was also partially distracted (maybe they were adjusting their radio), this could reduce the compensation they receive, even if the other driver was primarily at fault.

4. Increase in Insurance Premiums

Insurance companies take distracted driving seriously. If a driver is found at fault due to distractions, it can lead to a substantial increase in their insurance premiums, further emphasizing the financial implications of such behavior.

5. Punitive Damages

In some severe cases, where the distracted driving is particularly egregious, courts might award punitive damages in addition to compensatory damages. These are meant to punish the at-fault driver and serve as a deterrent for others.

6. Use of Electronic Records

The rise in distracted driving, particularly texting or using apps while driving, has led to an increased use of electronic records in personal injury cases. Attorneys may subpoena phone records to prove that a driver was texting or making a call during the time of the accident.

7. Public Perception and Jury Bias

The public awareness campaigns against distracted driving have been quite effective, leading to a general bias against distracted drivers. In cases that go to trial, this can affect jury perceptions, potentially swaying decisions in favor of the victim.

Conclusion

The consequences of distracted driving go beyond the immediate danger it poses on the road. For victims, it can mean a stronger personal injury claim, while for the at-fault driver, it can result in higher compensations, increased insurance premiums, and potential legal penalties. As the modern world presents us with more distractions, it becomes even more critical to emphasize the importance of focused, attentive driving. Remember: no text or call is worth a life. Safe driving should always be a priority.