According to an article by Nexstar, while driving deaths went down in 2020 due to COVID-19 restricting most people from leaving home, one category of dangerous driving rose: distracted driving. Texas ranked number 13th on a list of the Nation’s Highest Distracted Driving Death rates with the worst drivers based on the number of fatal car accidents.
Even though people were driving less, an analysis by MoneyGeek a 12% increase in fatalities attributed to distracted driving. According to the National Highway Traffic Safety Administration (NHTSA), in 2020, there were 3,142 people killed in crashes caused by distracted driving.
The NHTSA defines distracted driving as “any activity diverting attention” while behind the wheel. That includes eating, talking, and messing with your G.P.S. But the organization says texting and driving is the most “alarming” form of distracted driving because it takes your eyes off the road for several seconds.
“Sending or reading a text takes your eyes off the road for five seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed,” explains the NHTSA.
HOW STATES WITH THE ‘WORST DRIVERS’ WERE RANKED
The NHTSA used data on distracted driving to determine which states have the biggest problem with fatal accidents and highway usage data from the Bureau of Transportation Statistics to determine how much-distracted driving is happening per mile driven.
The NHTSA data showed these states had the highest distracted driving fatality rates:
- New Mexico
- Louisiana
- Kansas
- Kentucky
- Hawaii
- Washington
- Wyoming
- Illinois
- New Jersey
- Idaho
- Virginia
- Oklahoma
- Texas
- Florida
- Arizona
The best places for distracted driving, with the fewest related fatalities, were:
- Rhode Island
- Mississippi
- Washington, D.C.
- Nevada
- Connecticut
- California
- Georgia
- West Virginia
- South Dakota
- Utah
- Wisconsin
- Indiana
- Minnesota
- Iowa
- Massachusetts
If you are involved in a collision with a driver who was distracted, you might feel confident that you’re owed compensation from them. If the driver was texting, talking on the phone, eating or drinking, or doing anything to divert their full attention from the road, you might be eligible to seek compensation from them.
Unfortunately, the other driver might not be willing to admit that they were distracted. The at-fault driver might try to avoid responsibility for the crash and may even attempt to blame you for the crash.
HIT BY A DISTRACTED DRIVER?
If you were involved in a car accident that a distracted driver may have caused, turn to the attorneys of Herrman & Herrman, P.L.L.C., for help. For decades, our firm has fought to protect the rights of injured accident victims in south Texas. Our attorneys aggressively pursue financial compensation for our clients from at-fault parties and their insurance companies.
We have offices in Brownsville, Corpus Christi, McAllen, Houston, Fort Worth, and San Antonio, along with a bilingual Spanish– and English-speaking staff to assist you. Call or contact our firm today for a free initial case evaluation to learn more about the process of pursuing a distracted driving accident claim in Brownsville. We’ll put our experience to work for you.
ANALYZE THE SCENE OF THE CAR ACCIDENT
In some instances, the other driver in car accidents will admit they were distracted or make statements that strongly suggest that inattention contributed to the accident.
However, the driver might not admit that they were not paying attention. Your lawyer may investigate the accident and seek evidence to prove the other driver was distracted. When you contact Herrman & Herrman, P.L.L.C., from the scene of a serious car accident, we can dispatch our Accident Investigative Team to gather and preserve critical evidence from the car accident.
Analyzing the scene of a distracted driving accident usually begins with taking photos and videos of the accident. When taking pictures of the other driver’s vehicle, you may capture something that indicates the driver may have been distracted at the time of the car accident, such as half-eaten food drinks on the passenger seat.
Investigating a crash scene can also involve talking to bystanders who witnessed the crash. An eyewitness may have seen the other driver talking on a cell phone or grooming themselves in the mirror in the moments leading up to the collision.
Nearby surveillance or traffic cameras might have recorded the accident and captured images of the driver engaging in distracted driving behaviors. Traffic camera footage may be a resource to prove your case, depending on the time. That makes it important to seek the help of an attorney as soon as possible before evidence is lost.
LIST OF EVIDENCE TO GATHER TO PROVE DISTRACTED DRIVING
Fortunately, you can collect evidence at the accident scene and afterward to help prove the other driver was distracted and they caused the accident. At Herrman & Herrman, P.L.L.C., our car accident attorneys will seek evidence such as:
- Accident scene photos—Photos may reveal evidence inside the other driver’s vehicle that indicates the driver was distracted. Photos showing the lack of skid marks on the road may tell that the other driver was distracted and did not attempt to brake or avoid the collision.
- Police accident reports—The law enforcement officer’s investigation report may indicate that the other driver may have been distracted at the crash. The investigating officer may offer an opinion that the accident happened due to the driver being distracted. An officer’s determination of the cause of the accident often serves as persuasive evidence given the training and experience of law enforcement officers in traffic accident investigation.
- Surveillance camera—Traffic cam or dashcam footage may provide concrete video evidence that the other driver was not paying attention in the moments before the crash.
- Eyewitness statements—Bystanders may testify to seeing the other driver on a cell phone or other distracting activity before the accident.
- Phone records—Phone records can show when text messages and calls were sent and received. Our attorneys can subpoena a driver’s phone records. If the driver sent or received a message or call moments before the accident, it strongly indicates that their attention may not have been on the road when the crash occurred.
- Cell phone data—Data from the phone itself can show when a phone screen is active and what apps are used.
- Social media posts—The timestamps on a driver’s social media posts may show that the driver was active on social media before a crash and may have been distracted by using a phone.
- Vehicle data—Newer vehicles have “black box” data recorders that collect detailed information about the vehicle’s operation, including acceleration, braking, and steering inputs. If necessary, we can download and analyze this information as a thorough distracted accident investigation.
In some instances, we may hire accident reconstruction experts to testify how the evidence shows the other driver was distracted before the collision and how they caused the accident.
While you are here, read some of our blogs and enter a giveaway to win a Harley Davidson motorcycle!
How to take pictures after a car accident
Injured and unsure if you have a claim?
What to do if you are hit by a drunk driver
How to deal with drunk drivers
Medical bills and lost wages in the state of Texas
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
