Distracted Driving Accidents

Distracted driving is a leading cause of car accidents, and with the growth of technology in recent years, it has become a rampant problem. Each year, these car accidents claim thousands of lives and cause millions of personal injuries. Whether a driver is operating a car, commercial vehicle, school bus, or train, they must remain alert and use sound judgment to avoid any distractions. While most distracted driving car accidents occur primarily due to cell phone usage, distracted driving is anything that takes your eyes and mind off the road.

If you were involved in a car accident with a distracted driver, an experienced car accident attorney can investigate these claims on your behalf, hold the responsible drivers accountable for their actions, and protect your legal rights. Distracted driving can have life-altering consequences, and it is essential to get in touch with an experienced car accident attorney who can help those affected by these preventable accidents.

At Miller Weisbrod Olesky, our personal injury lawyers are prepared to support and guide victims and their families during this often-complicated legal process. Our car accident legal team is led by a Personal Injury Trial Law Specialist, certified by the Texas Board of Legal Specialization. Less than 3% of all Texas attorneys are board-certified and an even smaller number have personal injury trial law certification.

When the driver of a commercial vehicle was distracted by on-board computer a tragic car accident occurred causing the wrongful death of an innocent driver. We represented the adult daughter and elderly mother winning a settlement shortly before a Texas jury was set to hear the case.

Texas Department of Transportation defines Distracted driving as "any activity that takes your attention away from driving." Though most distractions like eating, drinking, and even adjusting the radio are legal, they still present a hazard, and you should minimize or avoid these activities whenever possible.

The most at-risk population for distracted driving is inexperienced drivers like teenagers and young adults, primarily ages 15-29. Approximately 58% of accidents are caused by teen drivers who are texting while driving. However, cell phone usage was not the leading cause of distraction in these cases.

Instead, passenger interactions are the leading contributor to collisions for teens and young adults. Parents should consider establishing driving rules for their teens, such as limiting the number of passengers they can have in the vehicle. When parents, teachers, and guardians work with young drivers to help them understand the risks of distracted driving, it can help prevent distracted driving car accidents.

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The consequences posed by distracted driving are astonishing. Nearly one in five crashes on Texas roads were caused by a distracted driver. Distracted driving slows reaction time, reduces awareness of the driving environment, and impairs driving performance. Under the Texas Transportation Code, drivers are only allowed to use cellphones when stopped or using hands-free methods. While texting and driving often receives significant attention, thousands of injuries and deaths are caused by other forms of distraction. Some additional examples of distracted driving include eating, adjusting the radio, interacting with passengers, fatigue, putting on makeup, using a navigational system, or being distracted by billboards or other vehicles.

Each driver must take personal responsibility while driving by being aware of all types of distracted driving and preparing to keep their eyes on the road at all times. When drivers are negligent or reckless and cause accidents due to distractions, they may be held legally liable for compensating the victims they injure. By being aware and prepared, drivers can recognize these distractions and make adjustments to mitigate the risk of an accident.

Multitasking behind the wheel is highly dangerous. Activities like eating, drinking, shaving, or putting on makeup are never essential while driving. While distractions like caring for a child or pet may seem necessary in the moment, it is crucial for you to avoid taking your focus from driving.

Tips for avoiding distractions while driving:

Stay Focused on the Road

Driving is a complex process that requires you to physically, mentally, and visually engage with your vehicle and the surrounding environment. When you are behind the vehicle and are visually or mentally distracted, it can create hazards for you and others sharing the road. Common activities like looking out the window to see something happening on the roadway can distract drivers and potentially lead to a collision. Serious events are not the only thing that may command your attention. Drivers may be distracted by anything from a scenic vista to a catchy billboard on the side of the freeway.

Additionally, drivers may be distracted if they are lost or searching for street names or addresses while driving. In these cases, knowing where you are going and looking up directions and addresses before you start driving is a good idea. Remaining alert and concentrating on the road is essential to reaching your destination safely.

Adjust Vehicle Controls Before Driving

Vehicles come equipped with an array of technologies that can be useful to help us get to our destination. Music can make the drive more pleasant, climate controls can help keep you comfortable, and the availability of in-vehicle internet can be convenient. However, adjusting vehicle controls while driving could be distracting and increase your risk of being involved in an accident. Adjusting vehicle controls can cause you to take your eyes off the road or take your hand away from the steering wheel.

To avoid these types of distractions, you should adjust all vehicle controls before you begin driving. Ensure you know all the details about your destination before driving so you do not look up this information behind the wheel. If you are driving with a passenger, ask them to adjust your vehicle controls without turning around to face them. If you are driving alone and must adjust the controls, pull over and stop at a safe location first.

Avoid Cell Phone Use While Driving

Drivers who take their attention away from the road while texting and driving are at a much higher risk of being involved in a car accident than drivers who don't. According to the National Highway Traffic Safety Administration (NHTSA) texting is the most alarming distraction while driving. Even a quick glance at your phone can lead to devastating consequences.

In an effort to make the roads safer, Texas passed a distracted driving laws by implementing a statewide ban in 2017 that restricts cell phone usage. Breaking these laws by texting, checking emails, or making phone calls without using hands-free methods may result in traffic citations and fines.

Regarding cell phone use, here are a few tips for you to follow to limit dangerous distractions:

• Finish all calls and texts before heading out on the road.
• While driving, put your phone away and wait until you've stopped in a safe place before responding to calls or texts.
• Be sure to stop at a secure location and turn your engine off if you must respond to a call or message.

According to studies conducted by psychologists at the University of Utah, motorist who talk on handheld or hands-free cellular phones are as impaired as drunken drivers. Additionally, according to a 2004 American Enterprise Institute Brookings Institution Joint Center study, cell-phone drivers exhibited greater impairment than intoxicated drivers when controlling for driving conditions. These studies indicate that driving while talking or texting is just as dangerous as driving while drunk and should be considered just as risky as driving while intoxicated.

Don't Eat or Drink While Driving

When you eat or reach for a drink while driving, it takes your focus off the road. The NHTSA reports that 48% of drivers engage in the dangerous distracted driving behavior such as eating and drinking while driving. Opening packages, putting away food, or grabbing a drink while driving are all considered distractions.

Eating or drinking while driving can put you at serious risk of a crash. Be sure to pull over to a safe location and turn your engine off before enjoying your meal. Eating while driving is not against the law, but you could be held financially liable for an accident and any injuries or losses you cause.

Be Aware of Passenger Distractions

Passenger distractions are often overlooked but can be just as dangerous as other types of distractions. Everything from conversations with passengers to attending to children and pets can cause you to take your attention off the road. Taking safety measures to ensure that other passengers don't distract you when you're behind the wheel is essential and can help prevent accidents.

When it comes to children, make sure they are safely buckled up and distracted with books, games, or toys. Additionally, while driving with your dog in your lap is tempting, it is a dangerous practice, and you should make sure you properly secure your pet in a pet carrier or portable kennel. This is especially important for teen drivers as they are more susceptible to accidents with passengers in the car. Parents can help promote safe and distraction-free driving by monitoring their teens' driving habits.

Do Not Engage in "Rubbernecking"

While driving, one of the most hazardous distractions is observing a crash scene. Taking your attention away from driving to view a crash scene is commonly referred to as rubbernecking and can cause the driver to take their focus off the road and lead to a secondary accident. Drivers must always remain alert and aware of their surroundings. Because numerous hazards may present themselves at crash scenes, maintaining an awareness of the environment around you is especially important. Hazards that may arise from a crash scene may include:

Rubbernecking occurs when drivers take their eyes off the road to look at a distraction, such as an accident or arrest. The term originated in the late 1800s to describe the act of turning and stretching the neck to eavesdrop. Today, it's synonymous with the same motion but is now commonly associated with the action that takes place while driving—namely slowing down to see an event that happened to someone else. Rubbernecking is a form of distracted driving that can be as dangerous as texting or talking on the phone while driving.

• Debris in the driver's lane.
• Cars blocked in the middle of the road.
• Victims fleeing a crash site.

Prepare to respond to these potential dangers by remaining vigilant and avoiding contributing to further accidents by keeping your attention on driving and ignoring any distractions while driving. Drivers who spend hours in their vehicles every day may consider themselves to be experienced enough to start engaging in distracting activities. While you may consider yourself an accomplished multi-tasker, it is essential to remember that there is no such thing as safe distracted driving.

Additional tips for preventing distracted driving include:

• Storing loose gear so you do not feel tempted to pick them up.
• Finishing personal grooming before you get on the road.
• Pulling off the road if you're drowsy.

Drivers distracted by their cell phones may be held liable for any physical or emotional injuries they cause in an accident. A car accident lawyer can help you pursue full and fair compensation for your injuries and losses if you were involved in an accident with a distracted driver.

How Distractions Interfere with Crucial Brain and Body Functions

• Loss of visual awareness: When drivers are distracted, they lose visual awareness of the road, driving conditions, direction or travel, and their proximity to other vehicles or objects. Some examples of visual distractions are changing the radio station, looking at a GPS device, and searching for items on the floor.
• Manual distractions: Keeping your eyes on the road is crucial for safe driving. When a driver fails to keep both hands on the wheel, it may result in an immediate loss of control over the vehicle. Becoming distracted and taking your hands off the wheel could result in deadly consequences. Examples of manual distractions include taking your hands off the wheel to eat, drink, smoke, or text without a hands-free device.
• Diminished cognitive awareness: Making the mistake of believing you're an expert driver is typical. However, it is essential to remember that even the most seasoned driver must keep their mind and eyes focused on driving. Distractions leave us vulnerable to mistakes and the potential accidents that may follow. Cognitive distractions may include talking to passengers, getting lost in thought, and paying attention to a child or pets traveling with you.

Distracted driving can lead to car accidents that cause senseless wrongful deaths and catastrophic personal injuries that inflict severe physical and emotional suffering. One way we can do our part to prevent accidents is to hold distracted drivers who collide with other vehicles responsible for their actions. If you were injured by a distracted driver, consult with a skilled car accident lawyer who can help protect your rights and pursue compensation for any damages incurred.

The process of determining the liable driver in a distracted driving car wreck begins from the moment the accident occurs. An attorney can assist you in building your car accident case by gathering available evidence, interviewing eyewitnesses, and hiring experts to prove negligence. As a victim, you should collect any information as soon as possible after any car crash.

Examples of the type of information you should collect include taking photos of your injuries, both vehicles, or anything like a lack of brake marks on the ground that may incriminate the distracted driver. The car accident attorneys at Miller Weisbrod Olesky are prepared to deal with law enforcement and insurance companies on your behalf. Schedule your free consultation with one of our car accident lawyers today by calling our office at 214-987-0005 or filling out our convenient online form.

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Clay is regularly invited to speak to Trial Lawyer Groups around Houston and across the state of Texas on the topics of motor vehicle accident laws, trial tactics and techniques, and how to prepare evidence and a winning legal strategy in Car Accident Cases throughout Texas. Clay was the featured speaker for the Texas Trial Lawyers Association on the new changes to trucking laws passed by the state of Texas.

Our car accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.

We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.

Led by a formidable legal team with an extraordinary record of court verdicts and settlements in car accident cases, Miller Weisbrod Olesky is regularly recognized by the US News and World Report as one of the top injury law firms in the United States.