Understanding Distracted Driving Accidents
Distracted driving has become one of the most dangerous behaviors on our roads, claiming over 3,000 lives annually and injuring more than 400,000 people. When a driver takes their eyes off the road to read a text, check social media, or make a phone call, they transform their vehicle into a deadly weapon traveling at highway speeds.
Unlike other forms of negligent driving, distracted driving is particularly insidious because it's entirely preventable. Every driver who chooses to pick up their phone while driving makes a conscious decision to put others at risk. This willful disregard for safety often supports claims for both compensatory and punitive damages.
Our law firm specializes in holding distracted drivers accountable. We understand the unique challenges these cases present—from proving the other driver was on their phone to navigating complex insurance coverage issues. With years of experience and a track record of multimillion-dollar verdicts, we know how to build cases that maximize compensation for our clients.
Unlike other forms of negligent driving, distracted driving is particularly insidious because it's entirely preventable. Every driver who chooses to pick up their phone while driving makes a conscious decision to put others at risk. This willful disregard for safety often supports claims for both compensatory and punitive damages.
Our law firm specializes in holding distracted drivers accountable. We understand the unique challenges these cases present—from proving the other driver was on their phone to navigating complex insurance coverage issues. With years of experience and a track record of multimillion-dollar verdicts, we know how to build cases that maximize compensation for our clients.
Types of Driver Distraction We Handle
Driver distraction falls into three categories, and the most dangerous activities involve all three:
Visual Distraction: Taking your eyes off the road. This includes looking at a phone screen, GPS, passengers, or anything outside the vehicle. At 55 mph, looking away for just 5 seconds means traveling 100 yards—the length of a football field—completely blind.
Manual Distraction: Taking your hands off the wheel. This includes holding a phone, eating, drinking, adjusting controls, or reaching for objects. With only one hand on the wheel (or none), drivers cannot react quickly to hazards.
Cognitive Distraction: Taking your mind off driving. Even hands-free phone conversations cause cognitive distraction because the brain cannot fully focus on two complex tasks simultaneously. Studies show talking on a phone—even hands-free—impairs driving ability similar to being legally intoxicated.
Texting while driving is particularly dangerous because it combines all three types of distraction. The driver's eyes are on the phone, their hands are typing, and their mind is focused on the conversation rather than the road. This is why texting drivers are 23 times more likely to be involved in a crash.
Visual Distraction: Taking your eyes off the road. This includes looking at a phone screen, GPS, passengers, or anything outside the vehicle. At 55 mph, looking away for just 5 seconds means traveling 100 yards—the length of a football field—completely blind.
Manual Distraction: Taking your hands off the wheel. This includes holding a phone, eating, drinking, adjusting controls, or reaching for objects. With only one hand on the wheel (or none), drivers cannot react quickly to hazards.
Cognitive Distraction: Taking your mind off driving. Even hands-free phone conversations cause cognitive distraction because the brain cannot fully focus on two complex tasks simultaneously. Studies show talking on a phone—even hands-free—impairs driving ability similar to being legally intoxicated.
Texting while driving is particularly dangerous because it combines all three types of distraction. The driver's eyes are on the phone, their hands are typing, and their mind is focused on the conversation rather than the road. This is why texting drivers are 23 times more likely to be involved in a crash.
How We Prove Driver Distraction
Proving the other driver was distracted requires sophisticated investigation and evidence preservation. Our legal team takes immediate action to secure critical evidence before it's lost:
Cell Phone Records Subpoena: We subpoena the at-fault driver's cell phone records directly from their carrier. These records show exactly when calls were made, texts sent, and data used—down to the minute. By matching this timing with the accident time documented in the police report, we can definitively prove the driver was using their phone.
Vehicle "Black Box" Data: Modern vehicles contain Event Data Recorders (EDRs) that capture crucial information in the seconds before a crash, including speed, brake application, steering inputs, and seatbelt usage. If the data shows no braking before impact, it supports our argument that the driver wasn't paying attention.
Dashcam and Traffic Camera Footage: We locate and preserve video evidence from your dashcam, traffic cameras at intersections, nearby business security cameras, and other vehicles. This footage often captures the other driver looking down at their phone seconds before the crash.
Digital Forensics: Our experts can analyze whether the driver was using apps, posting on social media, or streaming content at the time of the crash. This digital evidence can be devastating to the defense.
Witness Interviews: Witnesses often see drivers looking down at phones before crashes. We interview witnesses immediately while memories are fresh and document their statements in sworn affidavits.
Cell Phone Records Subpoena: We subpoena the at-fault driver's cell phone records directly from their carrier. These records show exactly when calls were made, texts sent, and data used—down to the minute. By matching this timing with the accident time documented in the police report, we can definitively prove the driver was using their phone.
Vehicle "Black Box" Data: Modern vehicles contain Event Data Recorders (EDRs) that capture crucial information in the seconds before a crash, including speed, brake application, steering inputs, and seatbelt usage. If the data shows no braking before impact, it supports our argument that the driver wasn't paying attention.
Dashcam and Traffic Camera Footage: We locate and preserve video evidence from your dashcam, traffic cameras at intersections, nearby business security cameras, and other vehicles. This footage often captures the other driver looking down at their phone seconds before the crash.
Digital Forensics: Our experts can analyze whether the driver was using apps, posting on social media, or streaming content at the time of the crash. This digital evidence can be devastating to the defense.
Witness Interviews: Witnesses often see drivers looking down at phones before crashes. We interview witnesses immediately while memories are fresh and document their statements in sworn affidavits.
Damages You Can Recover
Victims of distracted driving accidents may be entitled to comprehensive compensation:
Medical Expenses: All past and future medical costs, including emergency room visits, surgeries, hospital stays, prescription medications, physical therapy, rehabilitation, and ongoing care needs. We work with medical experts to project lifetime care costs for serious injuries.
Lost Income: Wages lost during recovery, reduced earning capacity if you cannot return to your previous occupation, loss of employment benefits, and missed promotional opportunities.
Pain and Suffering: Physical pain, emotional distress, mental anguish, loss of enjoyment of life, and psychological trauma. Distracted driving cases often support larger pain and suffering awards because jurors view this behavior as particularly reckless.
Property Damage: Repair or replacement of your vehicle and personal belongings damaged in the crash.
Punitive Damages: In cases involving egregious conduct—like a driver who was livestreaming or had prior distracted driving incidents—courts may award punitive damages to punish the defendant and deter similar behavior.
Our attorneys fight for maximum compensation in every case. We don't settle for lowball offers from insurance companies trying to minimize their payouts.
Medical Expenses: All past and future medical costs, including emergency room visits, surgeries, hospital stays, prescription medications, physical therapy, rehabilitation, and ongoing care needs. We work with medical experts to project lifetime care costs for serious injuries.
Lost Income: Wages lost during recovery, reduced earning capacity if you cannot return to your previous occupation, loss of employment benefits, and missed promotional opportunities.
Pain and Suffering: Physical pain, emotional distress, mental anguish, loss of enjoyment of life, and psychological trauma. Distracted driving cases often support larger pain and suffering awards because jurors view this behavior as particularly reckless.
Property Damage: Repair or replacement of your vehicle and personal belongings damaged in the crash.
Punitive Damages: In cases involving egregious conduct—like a driver who was livestreaming or had prior distracted driving incidents—courts may award punitive damages to punish the defendant and deter similar behavior.
Our attorneys fight for maximum compensation in every case. We don't settle for lowball offers from insurance companies trying to minimize their payouts.