Distracted Driving Accidents & Related Lawsuits
Distracted driving occurs when the driver’s attention is diverted from the task of operating a vehicle to perform other activities. Common distractions include:
- Texting or talking on a cell phone
- Adjusting a navigation or audio system
- Eating or drinking
- Personal grooming
- Talking to passengers in a manner that draws focus away from the road
These behaviors impair the ability to respond to traffic signals, react to sudden maneuvers by other drivers, and steer clear of hazards.
Negligence in Distracted Driving Cases
Negligence is a central concept in car accident claims. It arises when a person owes a duty of reasonable care to others, breaches that duty, and causes harm as a result. All drivers are legally obligated to watch the road carefully, follow traffic laws, and adjust their driving to changing conditions. Failing to maintain focus can breach this duty and result in liability for damages.
State Laws Governing Cell Phone Use
Many states have enacted laws that address the use of cell phones while driving. Certain states impose more stringent rules on novice or young drivers, who are statistically more prone to accidents. A driver who violates an applicable cell phone statute may be deemed negligent if that violation causes an injury. Even when the use is lawful, drivers remain subject to a broader duty of reasonable care. If a conversation or activity is distracting enough to cause a collision, liability for negligence can arise, despite statutory compliance.
Negligence Per Se
Some states recognize the doctrine of negligence per se, which applies when a driver violates a safety statute designed to protect a class of people from the type of harm that occurred. Examples of violations include running a red light or failing to obey a stop sign. If a distracted driver violates a statute enacted to prevent accidents of the same nature that occurred, the violation sometimes may establish negligence without needing to show how the driver’s conduct departed from general standards of care. The injured person still must prove that the violation directly caused the crash.
Contributory and Comparative Negligence
Accidents often result from fault on the part of more than one driver. In contributory negligence jurisdictions, even minor fault by the injured person can completely bar recovery. In comparative negligence states, partial responsibility reduces the damages that the injured person recovers according to that person’s percentage of fault. Under pure comparative negligence rules, an injured driver may recover compensation even if they were mostly at fault. Modified comparative negligence systems set a threshold—often 50 percent or 51 percent—at or above which the injured person may receive no damages.
Immediate Steps After an Accident
Ensuring that any injured people promptly receive medical care is a top priority. If local laws permit, relocating vehicles from active traffic lanes helps prevent additional collisions. Collecting details about each driver, including insurance information, and documenting witness names and contact information can be important. Noting specific circumstances that point to distraction, such as a phone in the driver’s hand or signs that the driver was adjusting audio or navigation controls, may be highly relevant in later investigations. Refraining from admitting fault at the scene is generally advisable. When police arrive, an official accident report is usually generated and can become a key record for any subsequent claims.
Evidence of Distraction
Eyewitness accounts often provide direct observations of the driver’s conduct. Cell phone records may show recent calls, text messages, or other data activity. In some instances, social media activity around the time of the incident might reveal that the driver was posting or livestreaming, which can indicate inattention. Video from dashcams or municipal traffic cameras can record a driver’s maneuvers, and physical data from a vehicle’s onboard electronic systems can offer insights into the timing of braking and speed changes. Accident reconstruction specialists may analyze crash data, vehicle damage, road marks, and other forensically relevant indicators to build a timeline and demonstrate how distraction played a role.
Employer Liability
Employers may share responsibility for accidents involving employee drivers under the principle of respondeat superior. If a worker was acting within the scope of employment when the collision occurred, the employer could be liable for damages. Distracted driving by employees can include reading or responding to work-related messages, handling business calls, or interacting with company-provided devices. In such situations, courts also may consider whether the employer’s policies or instructions encouraged safe driving habits, or whether those policies might have contributed to the driver’s distraction.
Potential Compensation
Damages available in a distracted driving case may include economic damages, such as the costs of medical treatment and lost wages for time away from work. If the accident causes long-term or permanent impairment, compensation may be awarded for diminished earning capacity and future healthcare expenses. Damage to vehicles and other property is often included, as are non-economic damages for pain and suffering, emotional distress, or loss of enjoyment of life. Punitive damages may be awarded in cases involving extreme recklessness.
Statutes of Limitations
Legal time limits, known as statutes of limitations, apply to car accident claims, including those arising from distracted driving. Failing to file a legal action within the prescribed time period generally bars the claimant from pursuing compensation. Different types of claims, such as personal injury versus property damage, may be subject to varying deadlines.
