The Dangers of Distracted Driving: How to Prove Negligence After an Accident

The Dangers of Distracted Driving: How to Prove Negligence After an Accident

Distracted driving is one of the leading causes of motor vehicle accidents in the United States. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed the lives of 3,522 people in 2021 alone and caused thousands of injuries. When a driver’s attention is diverted from the road, even for a few seconds, the consequences can be catastrophic. If you or a loved one has been injured in an accident caused by a distracted driver, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.

At Aronberg & Aronberg, Injury Law Firm, we help victims of distracted driving accidents build strong legal claims to hold negligent drivers accountable. 

What Is Distracted Driving?

Distracted driving occurs when a driver engages in any activity that takes their attention away from the primary task of operating a vehicle. There are three main types of distractions:

• Visual Distractions – Taking one’s eyes off the road (e.g., looking at a phone, adjusting GPS, or reading a billboard).
• Manual Distractions – Removing one’s hands from the wheel (e.g., eating, drinking, or adjusting the radio).
• Cognitive Distractions – Losing mental focus while driving (e.g., daydreaming, talking to passengers, or driving under emotional distress).

Texting while driving is particularly dangerous because it involves all three types of distractions simultaneously. According to the Centers for Disease Control and Prevention (CDC), sending or reading a text message takes a driver’s eyes off the road for about five seconds—enough time to travel the length of a football field at 55 mph.

The Dangers of Distracted Driving

Distracted driving significantly increases the risk of accidents by impairing reaction times and reducing situational awareness. Some of the most common accidents caused by distracted drivers include:

• Rear-End Collisions – A distracted driver may fail to notice a slowing or stopped vehicle ahead, leading to a collision.
• Lane Departure Accidents – Taking one’s hands off the wheel or losing focus can cause a driver to drift into another lane, sideswiping other vehicles or running off the road.
• Intersection Accidents – Failing to notice a red light or stop sign due to distraction can lead to dangerous T-bone collisions.
• Pedestrian and Cyclist Accidents – Distracted drivers may not see pedestrians in crosswalks or cyclists sharing the road, leading to severe injuries or fatalities.

Proving Negligence in a Distracted Driving Accident

To recover compensation in a personal injury claim, the injured party must establish that the at-fault driver was negligent. Proving negligence in a distracted driving case typically involves demonstrating the following elements:

1. Duty of Care – All drivers have a legal duty to operate their vehicles safely and obey traffic laws.
2. Breach of Duty – The distracted driver failed to meet this duty by engaging in unsafe behavior, such as texting or using a handheld device.
3. Causation – The distracted driver’s actions directly caused the accident and resulting injuries.
4. Damages – The victim suffered measurable losses, such as medical bills, lost wages, or pain and suffering.

To build a strong case, evidence must be gathered to support these elements.

How to Gather Evidence of Distracted Driving

Since distracted driving is often difficult to prove, securing compelling evidence is critical to a successful personal injury claim. Here are some ways to establish that the at-fault driver was distracted at the time of the accident:

• Cell Phone Records – A subpoena can be requested for the driver’s phone records to determine if they were texting or on a call during the crash.
• Surveillance Footage – Traffic cameras, security cameras, or dashcams may capture the driver engaging in distracting behavior.
• Eyewitness Testimony – Bystanders or other drivers may have seen the at-fault driver using a phone, eating, or otherwise distracted.
• Police Reports – If law enforcement responded to the scene, their report may include details indicating that the driver was not paying attention.
• Vehicle Data – Some modern vehicles record speed, braking patterns, and steering input, which can help establish whether the driver reacted appropriately before the crash.

Compensation Available for Distracted Driving Victims

If you have been injured in a distracted driving accident, you may be eligible to recover compensation for:

• Medical Expenses – Hospital bills, rehabilitation, medication, and future medical care.
• Lost Wages – Compensation for time missed from work and loss of earning capacity.
• Pain and Suffering – Physical pain, emotional distress, and diminished quality of life.
• Property Damage – The cost of repairing or replacing a damaged vehicle.

At Aronberg & Aronberg, Injury Law Firm, we work on a contingency fee basis, meaning you pay nothing unless we win your case.

How an Experienced Personal Injury Attorney Can Help

Navigating a distracted driving claim alone can be challenging, especially when dealing with insurance companies that may attempt to minimize payouts. An experienced personal injury attorney can:

• Investigate the accident and gather critical evidence.
• Handle negotiations with insurance companies to seek a fair settlement.
• Represent you in court if necessary to fight for the maximum compensation.

Our legal team at Aronberg & Aronberg is dedicated to protecting the rights of injury victims and ensuring that those responsible for distracted driving accidents are held accountable.

Contact Aronberg & Aronberg for a Free Consultation

If you or a loved one has been injured due to a distracted driver’s negligence, you do not have to face the legal process alone. Our team at Aronberg & Aronberg, Injury Law Firm provides free consultations to assess your case and discuss your legal options.

Call us today to learn how we can help you pursue the compensation you deserve. Your recovery is our priority.

Views: 6