Texting and cell phone use get the most attention, but the truth is that any activity that takes a driver’s mind off the road counts as distracted driving. The Centers for Disease Control and Prevention (CDC) estimates that 391,000 people are injured in distracted driving accidents each year, and thousands are killed.
Distracted driving is a growing problem that puts countless lives at risk every day. In Honolulu, motor vehicle accidents caused by distracted drivers are an all-too-common tragedy. These crashes leave car accident victims facing physical pain, emotional distress, and mounting medical bills. Recovery can feel impossible when you’re dealing with the aftermath of a car accident, especially if another driver’s carelessness was to blame.
At Recovery Law Center, we understand how overwhelming this situation can be. You shouldn’t have to suffer because of someone else’s negligence. Our Honolulu car accident lawyers are here to help you file a car accident claim and pursue the compensation you deserve. We fight for the rights of car accident victims, ensuring they can focus on healing while we handle the legal battle.
If you or a loved one has been hurt in a distracted driving accident, don’t wait. Contact Recovery Law Center today for the support you need to rebuild your life after a crash.
Legal Representation for Victims of Distracted Driving at Recovery Law Center
Our team of Hawaii car accident attorneys helps you take action if you are a victim of a distracted driver. Here’s how we support you:
- Investigating the Crash: We gather evidence, such as police reports, witness statements, and video footage, to build a strong case.
- Calculating Damages: We assess the full extent of your medical expenses, lost wages, and pain and suffering.
- Negotiating with Insurers: Insurance companies often try to minimize payouts. We work to ensure you receive a fair settlement.
- Filing a Personal Injury Lawsuit: If necessary, we represent you in court to pursue the compensation you deserve.
Recovery Law Center is dedicated to helping victims hold distracted drivers accountable. With a Honolulu car accident attorney on your side, you can focus on healing while we handle the legal process. We guide you through every step, offering straightforward advice and ensuring you understand your rights.
What is Distracted Driving?
The National Highway Traffic Safety Administration (NHTSA) defines distracted driving as any activity that takes a person’s attention away from driving safely. They could be:
- Cognitive distractions: Anything that takes the motorist’s mind off of driving
- Manual distractions: Activities that take the driver’s hands off of the wheel
- Visual distractions: Something that takes the driver’s eyes off the road.
The most common forms of distracted driving include:
- Cell phone use, including texting and emailing
- Eating and drinking
- Talking to other people in the vehicle
- Adjusting in-vehicle technologies, including the radio or navigation system
- Searching or reaching for items in the car
- Daydreaming
- Personal grooming
- Attending to children in the backseat
Any one of these distractions can result in a collision, but texting is considered the most dangerous activity because it requires all these forms of distraction to complete.
Types of Motor Vehicle Crash Caused by Distracted Driving
Distracted driving increases the risk of an auto accident and can lead to serious injuries or even death. Below are common types of accidents caused by distracted driving.
- Rear-End Collisions: Drivers who are not fully focused on the road often fail to notice when traffic slows or stops. This can result in rear-end collisions. These crashes can cause severe injuries, including whiplash, broken bones, or permanent spinal damage.
- T-Bone Accidents: Distracted drivers often run red lights or stop signs, leading to T-bone accidents. These crashes occur when the front of one car strikes the side of another. The impact can cause severe and permanent injuries, especially for passengers on the struck side of the vehicle.
- Head-On Collisions: Texting or other distractions can lead to a driver drifting into oncoming traffic. Head-on collisions are among the most serious types of accidents and often result in catastrophic injuries or fatalities. Survivors may face extensive medical expenses and long-term recovery.
- Sideswipe Accidents: A driver distracted by their phone or other activity may fail to stay in their lane. This can cause sideswipe accidents, especially on highways where vehicles are traveling at high speeds. These crashes can lead to severe vehicle damage and injuries requiring medical attention.
- Single-Vehicle Accidents: Distracted drivers may lose control and crash into objects like poles, trees, or barriers. Single-vehicle accidents often happen when drivers look away from the road or fail to notice hazards in time. These incidents can result in personal injury lawsuits if passengers are hurt.
What Percent of Accidents are Caused by Distracted Drivers?
As many as nine people lose their lives in distracted driving accidents every day. In addition to these tragic fatalities, NHTSA reports that more than 1,000 people are injured in distracted driving crashes daily. The agency’s latest data shows that 3,166 people died in distracted driving accidents in 2017 alone.
According to the National Safety Council, around 25 percent of fatal crashes involve the use of cell phones, with 21 percent attributed to phone conversations and four percent attributed to texting.
Despite these statistics, a nationwide concern is how to prove that a driver was distracted at the moment of a crash. Unless a driver admits to distraction at the accident scene, it can be difficult for law enforcement to prove that they were engaging in these dangerous behaviors.
Still, that doesn’t mean that you’re out of luck when it comes to collecting compensation. But it means you should contact an experienced distracted driving lawyer as soon as possible.
How to Prove a Driver Was Distracted
Proving a driver who was distracted is essential in building a strong car accident case and seeking compensation for medical expenses, serious injuries, and other damages. Follow these steps to establish distracted driving in your claim.
Gather Evidence at the Scene
Start collecting evidence immediately after the car crash. This information can support your personal injury claim and help identify the responsible party. Here’s what to do:
- Take photos: Capture the accident scene, vehicle damage, road conditions, and any visible injuries.
- Note behavior: Document any signs the other driver was distracted, such as using a cell phone or interacting with passengers.
- Secure witness statements: Get contact information and statements from witnesses who saw the accident or noticed the distracted behavior.
Obtain the Police Report
After a serious accident, law enforcement typically investigates. The police report often includes information about the at-fault driver’s behavior. If the report mentions distracted driving, it can significantly support your personal injury lawsuit.
Request Cell Phone Records
Cell phone usage is one of the most common forms of distracted driving. Your car accident lawyer can subpoena the at-fault driver’s phone records to check for calls, texts, or app usage at the time of the crash. This evidence can help prove negligence.
Use Traffic Camera Footage
If the accident occurred in a public area, nearby traffic cameras or security cameras might have captured the car wreck. Footage showing the driver’s actions before the crash can establish that they were distracted.
Review Social Media Activity
Some distracted drivers may post on social media shortly before or during a motor vehicle crash. Your legal team can investigate whether the other driver’s social media activity contributed to the accident.
Consult Legal Advice
An experienced attorney may collaborate with accident reconstruction experts to analyze evidence and recreate the events leading to the crash. This can show how distracted driving caused the collision.
Document Your Injuries and Damages
Distracted driving often results in severe injuries, such as traumatic brain injuries, head injuries, and permanent injury. Keep detailed records of medical bills, hospital visits, and rehabilitation costs. This documentation strengthens your case for fair compensation.
How Can Recovery Law Center Help Me?
Being in a car accident is a terrifying experience, especially if you or a loved one is injured. Depending on the severity of the injuries, the time after the crash can be particularly stressful. Thinking about taking legal action may feel overwhelming.
Let the Recovery Law Center take the burden off of you. Our legal team can handle all aspects of your case, including managing all conversations with the insurance companies, determining who is at fault for the wreck and fighting for maximum compensation during settlement talks or, if necessary, at trial.
Our Honolulu distracted driving lawyer will work to achieve the best resolution of your case with as little disruption to your life as possible. That way, you and your family can focus on rebuilding your lives again.
