Articles Posted in Distracted Driving

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bigstock-210909490-1024x682All personal injury cases are unique, but they share one factor: The plaintiff must prove the defendant acted negligently, and that this negligence caused a specific injury. This is easier to accomplish in certain cases, such as when an intoxicated driver causes an accident. In other situations, though, proving negligence may require substantial evidence and expert testimony.

What is considered driver negligence?

  1. Distracted driving
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bigstock-Lawyer-Putting-Documents-In-Br-113493107-1024x684Negligence on the road, in the hospital, or in some other setting has caused you undue suffering. You believe that you can secure significant personal injury damages, but before you proceed with your case, you must select a trustworthy attorney.

Personal injury law covers a lot of ground, but as you browse your options, you’ll notice two main patterns:

  • lawyers who advocate a quick solution and settlement above all else
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shutterstock_1245274481-300x200In order to begin to comprehend the issues surrounding distracted driving, it’s important to get a view of the bigger picture. Consider this about texting and driving:

In 2011, 23 percent of all car accidents reported were attributed to the driver using a cell phone in some capacity – talking, texting and driving, browsing, and even playing games – this number has increased to 54 percent in 2017.

Last year, 3,500 people died in car accidents that are attributable to distracted drivers, including texting and driving. This doesn’t necessarily relate to the use of cell phones, but encompasses all driver distractions.

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Distracted Driving Reyes Browne ReilleyEach day in the United States, approximately 9 people are killed and more than 1,000 injured in crashes that are reported to involve distracted driving. Distracted driving killed 3,477 Americans in 2015, and injured 391,000. More than one-fifth, or 21 percent, of all teenagers between the ages of 15 and 19 who were killed in accidents were distracted at the time of the accident.

Many teenagers are in near-constant contact with their friends on phones. But, cellphones and other electronic devices are a leading cause of distraction for drivers today.

Older, more-experienced drivers need to be careful to keep their attention on the road as much as teens. But, young people have less experience driving than most older Americans, and distracted driving can be even more dangerous.

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The Road Movie conveys the swift fickleness of fate, and the powerlessness of people—especially on the road, where danger lurks on every barren stretch of highway, and around every hairpin turn—to protect themselves against unseen calamity. It’s an unforgettable, unshakeable reminder that survival, in general and especially behind the wheel, is often something that’s out of our hands.

The Road Movie by director Dmitrii Kalashnikov is a wild documentary that offers fascinating insight into Russian life through the dashboard camera footage of its many drivers. Kalashnikov created the film solely out of this dashcam footage, which reveals that a great deal of very weird things happen all the time and the surprising number of people who do inexplicable things when they don’t realize that they’re being filmed.

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bigstock-Car-Crash-Irony-4324875-1024x683Though vehicle crash fatality rates have been steadily creeping upward with more cars – and especially trucks – hitting the road in the post-recession years, today’s models aren’t scrimping on the safety features. As many as 10 airbags are spread around a new-vehicle’s cabin these days to provide maximum occupant protection in a collision, with a growing number of cars and trucks now offering advanced safety systems that can help drivers avoid getting into crashes in the first place.

But until perhaps all vehicles on the highway drive themselves, cars will still get into collisions, some due to weather conditions, others because of mechanical issues, but largely because of driver error. And while all vehicles are required to meet a set of complex federal safety standards and most cars get good grades in crash tests, as insurance loss statistics released by the Highway Loss Data Institute (HLDI) illustrate, some vehicles inherently protect their occupants better than others in a crash.

https://www.reyeslaw.com/blog/2016/12/cars-talk-to-one-another/

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shutterstock_909878241-300x199Statistics show that teens are among the most dangerous drivers. This is not news to any of us. Many teens are just irresponsible, while others simply don’t have the experience necessary to be good drivers. The fact is that drivers between the ages of 16 and 19 are the most dangerous drivers. According to the National Traffic Safety Administration, for each mile driven, teen drivers are approximately four times fore likely to be involved in an accident with another driver. They’re also involved in four times more fatal accidents than drivers between the ages of 25 and 69. Teens account for about ten percent of the population, and twelve percent of all fatal car wrecks.

So given these statistics, the question becomes, “Who is liable for these driving mistakes – the teen, the owner of the vehicle or the teen’s parents?” The following are some situations to consider when answering that question.

A Teen Crashes a Family Vehicle

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bigstock-Tears-In-Car-79273438-300x200The dangers of distracted driving are real, and taking the lives of more and more drivers. According to theNational Highway Traffic Safety Administration (NHTSA), “Distracted driving is dangerous, claiming 3,477 lives in 2015 alone.” So, what counts as distracted driving?

“Distracted driving is any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system – anything that takes your attention away from the task of safe driving,” according to the NHTSA.

If you’re a parent, or if you’re a babysitter who drives children around, you are well aware of the issue of children being a serious driving distraction.

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buckles-032614Should a Person be Held Accountable for Texting a Driver Who is Involved in an Accident?

We all know that in many states it is illegal to text and drive. The dangers associated with such distracted driving are clear. However, the courts currently are trying to determine whether or not a person who knowingly texts someone who is driving can be held accountable if the person receiving the text is an accident. Recently in New Jersey, three judges decided that you don’t need to be the one driving to have accountability.

In 2009, a couple was badly injured when a truck driving in the opposite lane drifted into the center of the road and hit them while they were riding their motorcycle. As a result of the accident, both victims lost their left legs among other serious injuries. While they had already finished settling the case with the driver of the truck – who was convicted of texting and driving, they wanted to sue the driver’s girlfriend who had been sending him text messages right before the accident. Police were able to break down the events that happened during that day to determine that the driver had sent a text to his girlfriend mere seconds before the accident.

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Texas police officers can pull people over and give them tickets for texting and driving. Those caught will face fines of up to $99 for a first offense and $200 for a second offense. The new law also states that if an accident caused by texting and driving results in the death or serious bodily injury of another person, they can be charged with a Class A misdemeanor punishable by a fine not to exceed $4,000 and confinement in jail for a term not to exceed one year, in addition to any other charges/punishments.

Advocates against handheld phone use say the new law will save the lives of both would-be distracted drivers, and the people they might have struck in accidents.

“The new law will help reduce crashes, save lives, and make Texas roads safer for everyone,” Kent Livesay, vice president and general manager of AAA Texas, said in a statement. “This new law will make travel safer for every Texan.”

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