Distracted Driving Accidents

Distracted Driving Accident Attorneys

Holding Negligent Motorists Accountable

Distracted driving has long been one of the biggest dangers on our roadways, and the advent of cellphones, GPS, and smart vehicle systems has done nothing to decrease the threat of distracted driving. According to the National Highway Traffic Safety Administration (NHTSA), thousands of Americans are injured or killed due to distracted driving every year. In 2019 alone, 3,142 people died in accidents involving distracted drivers nationwide.

While anyone who shared the road with a distracted driver is at risk of serious injury, motorcyclists have a higher chance of catastrophic injury and death when they are involved in accidents with other, larger motor vehicles. In fact, data reveal that motorcyclists were nearly 30 times more likely to be involved in fatal accidents than occupants of passenger vehicles (per vehicle miles traveled).

At Tom McGrath’s Motorcycle Law Group, we recognize the threat distracted driving poses to all motorists. Our distracted driving accident attorneys represent injured motorcyclists and passenger car occupants, providing personalized and attentive legal support from start to finish. We are aggressive when it comes to recovering the maximum compensation our clients are owed, and we are prepared to fight tirelessly for you and the justice you deserve.

We are available 24/7 to assist you. Call us at (855) 529-7433 or contact us online to get started with a free, no-obligation consultation today.

What Is Distracted Driving?

When most people think of distracted driving, they think of cellphone use—specifically texting—behind the wheel. While this is certainly one of the most dangerous and most common forms of distracted driving, it is far from the only one. In fact, anything that takes a driver’s attention away from the road is considered distracted driving.

Some common examples of distracted driving include:

  • Texting or using a handheld cellphone
  • Looking at a GPS/map app in the vehicle or on a cellphone
  • Changing the radio station or changing music on a cellphone
  • Adjusting vehicle controls, such as air conditioning or radio volume
  • Consuming food or beverages
  • Attending to kids or pets in the vehicle
  • Talking to a passenger or a person on the phone, even on a hands-free device
  • Reaching for something in the vehicle
  • Applying makeup or grooming
  • Looking at billboards, signs, and other objects along the roadway
  • “Rubbernecking,” or slowing down to look at an accident
  • Daydreaming or thinking about anything other than driving

These and other forms of distracted driving can have serious and even deadly consequences. To make matters worse, it can be very difficult to prove that another driver was distracted, and that this was the cause of the crash that left you injured.

It is important that you work with an experienced motor vehicle accident attorney, like those at Tom McGrath’s Motorcycle Law Group. Since 1990, our firm has been fighting for the rights of injured bikers and other motorists who have been severely harmed due to the careless and reckless conduct of others. Our distracted driving accident attorneys can help you seek the fair compensation you deserve.

Types of Distracted Driving

While there are many different and specific examples of distracted driving, these are typically grouped into three distinct categories.

The three main types of distracted driving include:

  • Visual Distractions: Visual distractions are any distractions that cause the driver to take their eyes off the road, however briefly. Examples include looking down at a cellphone to read a text, reading road signs, and turning to reach for something in the backseat.
  • Manual Distractions: Anything that causes the driver to take one or both hands off the steering wheel is considered a manual distraction. Some examples include holding a cellphone or manual GPS device, reaching over to adjust the AC, or turning down the music.
  • Cognitive Distractions: Cognitive distractions are somewhat more difficult to prove than visual or manual distractions, but they are just as dangerous. These include any activities that take the driver’s attention away from the road ahead, such as daydreaming or talking to a passenger.

Often, a single activity involves multiple types of distractions. For example, texting while driving is so dangerous because it involves all three types of distracted driving—the driver is looking down at a cellphone instead of at the road, they have at least one hand off the steering wheel to hold the cellphone and type a text message, and their thoughts are not on the task of driving but on the contents of the message. According to the NHTSA, removing one’s eyes from the road for as little as five seconds while traveling at a speed of 55 miles per hour is the equivalent of driving an entire football field with one’s eyes closed.

What to Do If You Are Hit by a Distracted Driver

If you or someone you love was injured by a distracted driver, there are several things you should do in the immediate aftermath of the accident:

  • Seek medical attention. Even if you believe your injuries are minor or will heal on their own, you should always see a doctor after a motor vehicle accident. The shock of the crash could mask your injuries, and you could have sustained underlying trauma that must be properly treated. Having proof of your injuries in the form of medical records can also serve as invaluable evidence in your future personal injury claim.
  • Contact the police and report the accident. If law enforcement did not arrive on the scene, you should file an official accident report with the police as soon as possible. Depending on where you live and the applicable state laws, you may have a relatively short time to report an accident resulting in injury, death, or property damage. In any case, the official police report can also provide evidence for your future claim.
  • If possible, get the other person’s name, contact information, and insurance information. You should also document and preserve any and all evidence you can. If any witnesses saw what happened, get their names and contact information, as well as a brief statement. Take pictures of the accident scene, your damaged vehicle, and your injuries and keep copies of your medical records and damaged property repair estimates.
  • Depending on where you live, you may need to report the accident to your own insurance company. Often, you are required to report the accident within a “reasonable time,” but exactly constitutes a “reasonable” amount of time can vary depending on the insurance company and the specific policy that applies.
  • Avoid discussing the accident with anyone from the insurance company, including any adjusters from the at-fault party’s insurance carrier. These adjusters may try to contact you within hours or days of the crash, but it is in your best interest to avoid speaking to them without first discussing your rights with a lawyer. You should never provide a written or oral statement to the insurance company and never sign anything without talking to a lawyer first.

One of the best things you can do to protect yourself and your rights after a distracted driving accident is contact an experienced and knowledgeable attorney. At Tom McGrath’s Motorcycle Law Group, we are here to advocate for you.

We are always available to assist injured accident victims—we can take your call or email at any time and from anywhere. As a client, you will receive a high level of personal attention and professionalism. You can count on our attorneys to be there for you throughout the legal process.

Call (855) 529-7433 or contact us online to get started with a complimentary case evaluation.

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