Staying connected often feels like a necessity,take actio but if you’re not careful you can find yourself in a distracted driving accident. When drivers prioritize their phones over the road, the results can be devastating. Understanding the risks and the legal consequences of distracted driving is crucial for both drivers and car accident victims.
The Alarming Statistics of Distracted Driving
Distracted driving, particularly due to the use of a cell phone, is a growing concern that leads to countless accidents, injuries, and fatalities. According to the National Highway Traffic Safety Administration (NHTSA), in 202https://gsaslaw.com/blog/dangers-of-distracted-driving/2 distracted driving claimed over 3,300 lives. Many of these accidents involved a driver:
- Texting
- Using an app
- Making a call
Using a phone while driving increases the likelihood of a crash by 400%. Those numbers highlight the serious risks associated with distracted driving and the urgent need for drivers to focus only on the road.
Legal Consequences of Distracted Driving
In Ohio, distracted driving is not only dangerous, but also illegal. The state has strict laws to combat distracted driving. When a driver causes an accident due to phone use, the legal punishments can be severe and include fines and driver’s license points. If a distracted driving accident results in injury or death the driver could face criminal charges and civil liability.
Other states have similarly strong laws intended to stop distracted drivers:
Kentucky – It’s against the law for drivers to text but drivers (18+) can use their phones to make a call.
Pennsylvania – A new law prohibits the use of cell phones and other mobile devices while driving a car.
West Virginia – Drivers over the age of 18 can only use a cell-phone in hands-free mode while driving. No matter what age a driver is, if they have a learner’s permit or intermediate license, they can not use a mobile device even hands-free while driving.
Victims of a car accident have the right to seek compensation for their injuries. However, proving that the other driver was distracted at the time of the accident can be challenging. This is where having an experienced Ohio distracted driving accident attorney can make a big difference.
Legal Options for a Distracted Driving Accident
If you’ve been involved in a distracted driving accident caused by a driver using a phone, it’s essential to understand ALL of your legal options. An Ohio distracted driving accident attorney can help.
An experienced accident attorney can help car accident victims by:
- Gathering crucial evidence. This could include phone records and witness testimonies that may establish the other driver was distracted at the time of the crash.
- Navigating the complexities of insurance claims. Insurance companies will try to minimize payouts, but with the right legal support, you can fight for fair compensation.
Your legal team should take all necessary actions to help you protect your rights. A car accident victim may be entitled to compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
To establish whether a driver was texting or making a phone call at the time of an accident, attorneys can obtain key evidence through phone usage statements from service providers. These records can reveal:
- Text message timestamps
- Call logs
- App usage reports
- Data usage activity
- GPS tracking data
- Car infotainment system logs
All of which may indicate distracted driving. In some cases, witness testimony and surveillance footage can further support claims of phone use while driving. With this evidence, attorneys can strengthen the case and help accident victims seek the compensation they deserve.
Take Action Against Distracted Driving
Distracted driving is a preventable danger. Unfortunately, it continues to cause unnecessary harm on our roads. If you or a loved one has been a victim of a driver on the phone or texting and driving, don’t hesitate to seek legal help. An experienced attorney can guide you through the legal process and help you hold the responsible party accountable.
Contact the experienced Ohio distracted driving attorneys at Spivak & Sakellariou to discuss your case. With the right legal support, you can focus on your recovery. While your attorney fights for the justice you deserve after your distracted driving accident.
