By Thomas Corrington
In our fast-paced, technology-driven culture, distractions are everywhere. One of the most dangerous places for distractions is behind the wheel. Distracted driving has become one of the leading causes of motor vehicle accidents across the United States, resulting in devastating consequences for victims and their families.
Corrington Law Firm, based in New Orleans, Louisiana, helps clients work through personal injury claims after an accident, including those where distracted driving was involved. Here, we’ll explore how distracted driving affects personal injury claims, the legal challenges that may arise, and what victims need to know in order to successfully pursue compensation in their case.
What is Distracted Driving?
Distracted driving refers to any activity that diverts a driver’s attention away from the primary task of driving. As modern vehicles become more technologically advanced and drivers become more reliant on mobile devices, the number of potential distractions continues to grow. These distractions generally fall into three main categories:
- Visual distractions: Taking your eyes off the road (e.g., looking at a phone, GPS, or billboard).
- Manual distractions: Taking your hands off the wheel (e.g., texting, eating, or adjusting the radio).
- Cognitive distractions: Taking your mind off driving (e.g., daydreaming, talking to passengers, or thinking about personal issues).
The most notorious example of distracted driving is texting while driving, which combines all three types of distraction, making it especially dangerous. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed over 3,500 lives in 2021 and contributed to hundreds of thousands of injuries.
Common Types of Distracted Driving Behavior
To better understand the impact on personal injury claims, it’s helpful to recognize some of the most common forms of distracted driving. While texting is often the focus of awareness campaigns, distractions can come in many forms. These activities divert attention from the road and impair a driver’s ability to make quick, safe decisions in rapidly changing traffic conditions.
- Texting or using a smartphone
- Using in-car technology (navigation, music apps)
- Eating or drinking
- Grooming (applying makeup, fixing hair)
- Talking to passengers
- Reading or writing
- Handling pets or children
- Reaching for objects inside the car
Each of these behaviors reduces the driver’s ability to respond to sudden changes in traffic conditions. From a legal standpoint, identifying these distractions can be crucial in proving negligence in a personal injury claim. Recognizing these common distractions is the first step in both preventing accidents and holding negligent drivers accountable.
How Distracted Driving Impacts Personal Injury Claims
When an accident occurs and there’s evidence that distracted driving played a role, it can significantly influence a personal injury claim in several ways. It can serve as a powerful tool for the plaintiff and potentially shift the entire direction of the case. Below are three key areas where distracted driving impacts personal injury claims.
Establishing Liability
The foundation of any personal injury claim is proving that another party was at fault due to negligence. If it can be shown that the driver was using a phone, adjusting in-car systems, or otherwise distracted, this strengthens the plaintiff’s legal argument. Establishing this fact helps show a breach of the driver’s legal duty of care. Evidence of distracted driving may include:
- Cell phone records (texts, calls, app usage)
- Dashcam footage
- Surveillance video from nearby businesses
- Eyewitness statements
- Vehicle infotainment system data
- Police accident reports
When this type of evidence is available, it can show that the driver breached their duty of care by engaging in distracting behavior, directly leading to the crash. Proving distraction strengthens causation and leaves little room for the defense to argue shared blame. This evidence often tips the scales in favor of the injured party during settlement negotiations or at trial.
Comparative Fault Considerations
In some cases, both parties may share some level of responsibility for the accident. States follow different rules for shared fault, commonly known as comparative negligence, which affects the amount of compensation a plaintiff may receive. Understanding the rules in the applicable jurisdiction is essential for evaluating a claim’s value and likelihood of success.
- Pure comparative negligence: A plaintiff can recover damages even if they’re 99% at fault, but their award is reduced by their percentage of fault.
- Modified comparative negligence: Plaintiffs can recover damages only if they’re less than 50% (or 51% in some states) at fault.
- Contributory negligence: In a few states, if the plaintiff is even 1% at fault, they cannot recover any damages.
If the at-fault driver was distracted, it may reduce or eliminate their ability to argue that the victim contributed to the accident. For instance, a driver who ran a red light while texting will have a much harder time shifting any blame to the other party. Demonstrating distraction can be a decisive factor in minimizing or eliminating the plaintiff’s comparative fault.
Punitive Damages
In some personal injury cases, especially where the driver’s behavior is considered egregiously negligent, the court may award punitive damages in addition to compensatory damages. These damages aren’t intended to compensate the victim but rather to punish the wrongdoer and serve as a deterrent to others.
Proving Damages in Distracted Driving Claims
A successful personal injury claim must clearly demonstrate the extent of the victim’s damages. In distracted driving cases, the nature of the distraction and recklessness impact the compensation awarded and how a jury or insurance company evaluates the severity of the damages. Damages are generally labeled as economic or non-economic.
Economic Damages
Economic damages are tangible, measurable losses that result from the accident. These commonly include medical expenses, both past and anticipated future costs for ongoing treatment, rehabilitation, or therapy. Lost wages are another critical component, particularly if the injury prevents the victim from returning to work temporarily or permanently. In more serious cases, the victim may also claim loss of earning capacity, which accounts for the reduced ability to earn income in the future. Property damage to the vehicle or other belongings is typically included, as well as any out-of-pocket expenses such as transportation to medical appointments or the cost of hiring help at home during recovery.
Non-Economic Damages
Non-economic damages refer to more subjective, intangible losses that affect the victim’s quality of life. These often include pain and suffering, which encompasses the physical pain and discomfort caused by the injuries. Emotional distress is also a key factor, reflecting the psychological toll, such as anxiety, depression, or PTSD, that can follow a traumatic accident. Loss of enjoyment of life may be awarded if the victim can no longer participate in hobbies, social activities, or everyday pleasures due to their injuries. In wrongful death cases, family members may also pursue damages for loss of consortium, which compensates for the loss of love, companionship, and support of a deceased loved one.
Contact an Experienced Personal Injury Lawyer Today
Distracted driving is a modern epidemic with serious consequences for victims and their families. Whether it’s a minor fender-bender or a catastrophic collision, proving distracted driving can be the key to a successful personal injury claim.
If you’ve been injured in an accident involving distracted driving, Corrington Law Firm is ready to help. We represent clients throughout New Orleans, Louisiana, and offer a free consultation to discuss your case. Call us today at (504) 895-3431 to begin working together toward the compensation you deserve.