Cell phone use while driving – particularly text messaging – increases the likelihood of an injury accident significantly. For instance, one study found that a young driver’s reaction time can be so slowed by cell phone use that they will behave with the torpidity of a 70-year old. Here’s another stunning statistic: nearly half of all drivers under the age of 18 admit to cell phone use as well as texting while driving. Here’s another, possibly equally disturbing, statistic: driver distraction can amplify the risk of injury accidents and may be a factor in half of all car accidents on U.S. roads. In 2009, the National Highway Traffic Safety Administration (NHTSA) estimated that approximately 5,500 fatalities on U.S. roads could be linked to distracted driving.
What Distractions Can Endanger You?
Cell phone use is not the only kind of distraction behind the wheel, however. Other distractions include:
- Listening to the radio
- Talking to friends in the vehicle
- Driving while under the influence of alcohol, drugs, or prescription meds
In 2010, Kentucky became the 22nd state to outlaw texting while driving. Curiously though, attempts to remedy the cell phone and texting problem through legislation have met with unproductive results. A 2010 survey of the efficacy of laws banning cell phone use while driving found that these bans essentially did nothing to staunch injuries and fatalities. Commentators have tried to dismiss the results of these analyses. But any fair reading of the data suggests that it’s clear that the problem is far more complicated than most people commonly believe.
Your Rights as a Distracted Driving Victim
What happens if someone gabbing on a cell phone hits you or a family member?
If you’ve recently been involved in an vehicle accident in Louisville – or an accident involving substantial property damage – that odds that the driver distraction played a role are high. You have every right to seek the aid of a Louisville, KY cell phone accidents lawyer who can take the case to court and help you receive compensation. However, proving that the person who hit you was on a cell phone or otherwise distracted may be more difficult than you would like it to be.
If the other driver was in the middle of writing a text, proving his culpability theoretically should be easy to do. For instance, a glance at his cell phone provider’s report should clearly show that he had been chatting/texting at the exact moment when the accident occurred.
But what if the driver had just been starting to write a text message? Or what if service records are not available or not reliable or not admissible?
Furthermore, traffic collisions – even simple seeming ones – are often far more complicated and dynamic than victims realize. A huge number of variables can influence the situation. For instance, you might have been slightly speeding, the other driver may have failed to signal, and pedestrian interference might have also played a role. Only a detailed “picking apart” of the accident can prepare you best to meet the challenges that the defense will present.
To maximize your potential for best results, retain a Louisville, KY cell phone accidents lawyer who has the experience, insight, and reputation to deliver good results – even in complex cases. Attorney Tad Thomas is a former Assistant Deputy Attorney General who has helped victims collect many millions of dollars since he began practicing law. Connect with him today for a free consultation or call (502) 473-6540.
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