Distracted Driving Accidents and Its Legal Implications

 Distracted Driving Accidents and Its Legal Implications

Have you ever wondered what happens after a distracted driving accident? Beyond the damage and injuries, the legal aftermath can be a maze of questions and consequences. Who’s at fault? What are the penalties? And how can victims seek justice?

Don’t worry; you’ll get the answers to all these questions in a while. We’ll also explain how legal support from a free consultation lawyer can help in this regard. With that in mind, let’s take a look at the legal implications of such accidents.

What is Distracted Driving?

Alt Text: Distracted driver texting while driving. 

Distracted driving is performing an activity while driving that distracts attention. It’s one of the leading causes of accidents. According to the National Highway Traffic Safety Administration (NHTSA), distracted drivers were responsible for taking 3,308 lives in 2022.

Distraction is divided into three categories:

  1. Visual Distractions: These occur when drivers take their eyes off the road. For example, glancing at your phone, checking a GPS, or admiring the scenery can count as a visual distraction.
  2. Manual Distractions: These involve taking hands off the wheel. Eating, drinking, or reaching for something in your car are common examples. Texting is particularly hazardous since it often combines manual and visual distractions.
  3. Cognitive Distractions: This type of distraction happens when the driver’s mind is focused on something else, such as daydreaming, stressing about work, or even having a deep conversation with a passenger.

Legal Implications of Distracted Driving

Alt Text: A jury to decide accident injury compensation. 

Distracted drivers put multiple lives at risk and are one of the leading causes of accidents in the U.S. today. This issue becomes even worse when large vehicles like semi trucks are involved, as the size and weight of these vehicles can make accidents far more destructive.

So, here’s a detailed look at the legal implications one has to face due to negligence while driving:

1. Financial Liability

Distracted drivers are often held financially responsible for damage caused by their negligence. These liabilities can vary significantly depending on the severity of the accident:

Medical Expenses

For minor injuries, medical expenses are usually between $3,000 to $50,000. However, for severe injuries requiring surgery or long-term care, the expense goes up to $100,000 to millions depending on the severity. For instance, a victim in Texas who needed spinal surgery after an accident received a settlement of $1.5 million to cover medical expenses and lost wages.

Property Damage

The average cost of repairing vehicle damage is $4,000 to $10,000 for passenger cars. For semi-truck accident damages, the costs often exceed $50,000, excluding injuries due to the size and weight of commercial vehicles.

Lost Wages and Future Earnings

Average claims for lost wages are estimated to be $5,000 to $100,000. It entirely depends on the duration of recovery.

Distracted driving accidents involving semi-trucks often result in higher payouts due to their severe nature. Victims in such cases are advised to consult a semi truck accident lawyer to ensure all damages are accounted for.

2. Fines for Distracted Driving Accidents

Alt Text: Distracted driver talking on the phone with child in car.

Each state enforces fines for such offenses. These penalties often increase for repeat offenders. A few examples of these include:

California

●      First offense: $20 base fine (+court fees, totaling up to $150).

●      Subsequent offenses: $50 base fine (+court fees, totaling up to $250).

New York

●      Fines for texting while driving: Up to $450 for repeat violations.

●      Minimum fine: $50 for a first offense.

Georgia (Hands-Free Law)

●      First offense: $50.

●      Second offense: $100.

●      Third offense: $150 and 3 points on the license.

For commercial drivers, the FMCSA imposes fines of up to $2,750 for using a handheld device while driving. Their employers also have to pay a fine of up to $11,000 for failing to enforce policies.

3. Jail Sentences

Distracted and careless driving accidents involving injuries or fatalities can lead to imprisonment. It depends on state laws and the severity of the accident. For example:

Florida

The driver can be sent to prison for up to 15 years with fines up to $10,000 for vehicular homicide due to being distracted while driving.

California

For misdemeanor vehicular manslaughter, the sentence is up to 1 year in county jail. However, for felony vehicular manslaughter, the sentence is between 2 and 6 years in state prison.

Texas

Up to 2 years in jail under state distracted driving laws for texting and causing a fatal accident while driving.

4. License Penalties

Distracted driving can result in points on a driver’s license, leading to suspensions or revocations. Some penalties in different states are:

New York

In NYC, texting while driving adds 5 points to the license. If the driver accumulates 11 points within 18 months, it results in a suspended license.

California

This state uses a negligent operator treatment system. According to it, if a driver gets 4 points within 12 months, their license is suspended for 6 months.

Commercial Drivers

Under FMCSA regulations, commercial drivers can lose their CDL (Commercial Driver’s License) for multiple distracted driving violations, even without causing an accident.

5. Civil Lawsuits and Compensation

Distracted drivers may face lawsuits from victims or their families seeking compensation for damages. This compensation includes:

Pain and Suffering

Average settlements range from $15,000 to $150,000, depending on the severity of injuries.

Wrongful Death

Settlements for fatalities often exceed $1,000,000, covering funeral expenses, emotional distress, and loss of income. In Illinois, a family received $1.25 million in a wrongful death lawsuit after a drunk driver caused a fatal crash.

Statutes of Limitations

Victims generally have 2 to 3 years to file a lawsuit, depending on the state. In California, victims have 2 years for personal injury claims, while in New York, the time goes up to 3 years.

Liability in Distracted Driving Cases

Liability depends on the circumstances of the incident and the actions of all parties involved. Understanding these details is essential for those seeking compensation or accountability after an accident.

In most cases, the distracted driver is held liable if their actions lead to an accident. Negligence is the legal foundation for liability, which means the driver failed to exercise reasonable care.

For example, if a truck driver was texting and ran a red light, they could be found liable for any resulting damage. In such cases, a semi-truck accident law firm can help victims build a strong compensation case.

Role of a Car Accident Injury Attorney

Alt Text: Spinal injury after a motor vehicle accident.

After an accident, the victims usually feel overwhelmed, especially when dealing with injuries, financial losses, and emotional distress. This is where a car or truck accident lawyer steps in to guide the victims through the complexities of the law and help them secure the compensation they deserve.

Here’s how injury attorneys can help:

1. Legal Advice and Guidance

The attorney offers expert advice specific to your case so victims can easily understand their rights and legal options. They explain the laws that apply to your situation, such as negligence or liability. After that, they advise on the best course of action.

2. Negotiating with Insurance Companies

Dealing with insurance companies can be daunting. However, this difficult path is handled by attorneys so that victims are not pressured into accepting a settlement that undervalues their claim.

3. Representation in Court

If, for example, your semi-truck is wrecked because of a driver’s negligence, then you’ll need an expert semi-truck wreck attorney to represent you in court. This ensures that you have the best chance of achieving a favorable outcome.

Your Trusted Partner for Distracted Driving Accident Claims

Distracted driving is a growing danger on our road, which leads to countless injuries and devastating losses. Victims of these accidents often face physical pain, financial struggles, and emotional stress.

But what if there was a way to get compensated for all of it?

This is where Auto Accident Help Desk comes in handy. We have the best personal injury lawyers to help you secure the compensation you deserve. For a free consultation, call us now at (800) 636-8833. With our dedicated support, you don’t have to face this alone.

FAQs

Can I file a claim if I am partially at fault?

Yes, you can. Many states have laws that allow you to get compensation even if you were partly at fault. For example, if you were 20% responsible, your compensation might be reduced by that percentage. A lawyer can help figure this out for you.

What should I do immediately after a distracted driving accident?

After the accident, call the police and get medical help if you’re hurt. Take pictures of the accident scene, the cars involved, and your injuries. Get contact details from any witnesses.






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