It’s a sad fact that, despite the overwhelming evidence that distracted driving kills, motorists continue to engage in behind-the-wheel activities that take their attention away from the road at alarming rates.
If you were injured or a loved one suffered a wrongful death in a crash caused by an inattentive motorist, consulting with a Lexington distracted driving accident lawyer in our office is necessary. We can help you win fair compensation if you’ve been harmed through the wrongful actions of others.
Meeting with an attorney in our Kentucky office is free. So, get in touch with us now for a free consultation to understand your rights.
What Is Distracted Driving?
A distraction is any activity or object that takes your attention away from the all-important task of driving safely. Texting and driving is one of the most well-known examples of distracted driving. It’s also one of the most dangerous, as it encompasses all three types of distractions: manual, visual, and cognitive.
According to the National Highway Traffic Safety Administration (NHTSA), a driver taking their eyes off the road for just 5 seconds (the average amount of time needed to read a text message) while driving 55 mph covers a distance equal to the full length of a football field without looking at the road.
As mentioned above, texting and driving, however dangerous it is, isn’t the only type of distraction motorists face. Descriptions of other types of distracting behaviors that can affect one’s ability to safely operate a vehicle include:
Manual Distractions
This refers to anything that takes your hands off the wheel of your vehicle. Many people feel that they can safely navigate their car with one hand on the wheel and another on a cell phone. However, widely available data shows that these distracted drivers have slower reaction times and higher rates of car accidents.
Examples of other manual distractions that can adversely impact a motorist’s operation of their vehicle include:
- Eating and drinking
- Applying makeup or personal grooming
- Adjusting the radio, music, podcast, or vehicle temperature controls
- Smoking
- Inputting an address into a global positioning system (GPS) while driving
- Reaching for objects on the floor or backseat of the car
Visual Distractions
Your ability to see clearly and watch for danger is one of your most vital assets as a driver. When a motorist is visually distracted, they are engaged in an activity that takes their eyes off the road.
A visual distraction might include:
- Watching a video
- Reading a text message
- Looking at pictures
- Scrolling through social media
- Paying too much attention to a GPS, map, or directions
- Staring at passing scenery, other vehicles, or an accident scene
Cognitive Distraction
These types of distractions can be anything that takes your attention and focus away from operating your vehicle. There are many activities that can mentally distract drivers, such as:
- Talking on a cell phone
- Chatting with others in the vehicle
- Reading from a screen or book
- Road rage
- Daydreaming
- Crying, expressing anger, or other strong emotions
Whether you know for sure that one of these distractions contributed to the crash that resulted in your injuries or know for sure they did know that Kentucky law affords you the right to take legal action to recover compensation for your losses, provided you can show one of them did. A Lexington distracted driving accident lawyer in our office can help you build the necessary evidence to substantiate your claims distractions played a role in your crash. So, consider calling or emailing us now to get to work on your claim.
Kentucky Distracted Driving Laws
Driving while distracted is not only dangerous, it’s also illegal. Kentucky driving laws prohibit all drivers, regardless of age, from reading, writing, or sending text messages while the vehicle is in motion. This law has been in place since 2010.
There is never a good reason to text and drive. No matter how often you see drivers in other cars using mobile devices, you can be the one to make the smart choice. Pull over in a safe area before reading or sending a text message. Doing so could save your life and someone else’s.
Distracted Driving Accident Statistics
The following statistics, also shared in the NHTSA source cited above, give an idea of the prevalence of driver distraction across the nation:
- Distracted driving caused 3,142 deaths in 2020
- 324,652 people were injured in crashes caused by distraction in 2020
- 587 pedestrians and bicyclists were struck and killed by distracted drivers in 2020
- 13% of all crashes reported in 2020 involved at least one driver impaired by a distraction
Compensation After a Distracted Driving Crash in Lexington, KY
One of the things you should discuss during your consultation with a lawyer is the compensation you may be entitled to receive.
Compensation in a civil case is generally divided into two categories:
Economic Damages
In personal injury cases like auto collisions, you may seek compensation for financial losses that result from another driver’s negligence, including:
- Accident-related medical bills, including expenses for follow-up doctor appointments or physical therapy
- Lost wages and loss of future income after diminished earning capacity
- Property damage
Non-Economic Damages
Not every loss associated with a car wreck comes with a bill. These damages are the less tangible, non-financial losses stemming from wrongdoing committed by other drivers. In a distracted driving case, you may be entitled to damages such as:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Permanent disability
The damages you are eligible to recover will depend on the circumstances of your case. Schedule a free consultation with a Lexington distracted driving accident lawyer from our firm to discuss how we can help you hold the other motorist accountable for your losses.
Evidence To Prove the Motorist Who Struck You Was Distracted
We know that very few at-fault drivers are willing to admit they were texting and driving when they caused your accident. Often, more creative and resourceful methods must be used to prove the other motorist was distracted.
This might involve examining:
- The motorist’s phone records
- Dashcam, traffic, or surveillance camera footage
- Eyewitness statements
- The testimony of expert witnesses
- The other driver’s social media activity, emails, or other electronic messages sent from their phone
- A police report made at the accident scene
Even if you suspect that distraction might have been a factor in your crash, it’s not always easy to prove without the help of an experienced distracted driving accident attorney in Lexington. When you meet with your lawyer, be sure to voice any concerns you have about the possibility that the at-fault driver was distracted. Your legal advocate will be able to conduct a thorough investigation into the matter on your behalf.
Let a Lexington Distracted Driving Accident Lawyer Build Your Case
Not all attorneys have the experience necessary to successfully handle collisions caused by distractions.
Distracted driving law is one of the more unique legal practice areas, requiring deep knowledge of relevant laws, an ability to obtain evidence that’s often hard to come by, and a commitment to achieving justice even when insurance companies play hardball.
At Peterson Law Office, we believe no obstacle should stand between you and making a full financial recovery. We build every case on a firm attorney-client relationship, taking into consideration every way that your life has been affected by your injury.
Contact us today for a free consultation.
