Distracted Driving: A Serious Concern — More than Just Cell Phones to Blame

According to the National Highway Transportation Safety Administration and the U.S. Department of Transportation, over 3,000 people were killed and another 387,000 people were injured in crashes involving a distracted driver in 2011. While nearly three times as many people (9,878) died in drunk driving incidents, it is apparent that distractions while driving are a very serious matter. In fact, 18% of all injury crashes in the U.S. in 2010 were reported as being caused by distracted driving.

Of course, the distractions that are under fire in the media right now are texting and cell phone usage. There are good reasons for why this is the case. Texting requires the use of hands, eyes and cognitive ability, leaving little attention for the task of driving. Meanwhile, drivers using hand-held cell phones tend to be four times more likely to get in serious crashes and using a headset cell phone isn’t much safer, according to recent studies.

Check out these statistics from www.distraction.gov, the joint NHTSA/USDOT website about distracted driving:

• 11% of all drivers under the age of 20 involved in fatal crashes were reported as distracted at the time of the crash
• 40% of all American teens say they have been in a car when the driver used a cell phone in a way that put people in danger
• Text messaging creates a crash risk 23 times worse than driving while not distracted
• Sending or receiving a text takes a driver's eyes from the road for an average of 4.6 seconds. If driving 55 miles per hour, that’s the equivalent of driving blind for the entire length of a football field!
• Using a cell phone reduces the amount of brain activity associated with driving by 37%

In response to statistics like these, the Michigan legislature banned texting while driving in 2010. While the law hasn’t put a decisive end to texting-and-driving related accidents in Michigan, the law does emphasize the importance of not texting while driving and firmly establishes the fact that doing so is an act of neglect — a fact that impacts personal injury lawsuits significantly.

While texting and cell phone usage are the biggest concern right now, because of the growing use of cell phones and the number of crashes they are involved in, they certainly aren’t the only source of distraction. Other common causes of distracted driving include:

• Eating and drinking
• Talking to passengers
• Grooming
• Reading, including maps
• Using a navigation system
• Watching a video
• Adjusting a radio, CD player, or MP3 player

While there aren’t laws against these activities while driving, a driver’s failure to give his or her undivided attention to the task of driving puts everyone on the road at risk. It is the responsibility of every driver to ensure they are paying enough attention to the road and put an end to any distraction that endangers their ability to drive safely.

Michigan Distracted Driving and Personal Injury Lawsuits

When people are seriously injured in a car accident, injury victims often file lawsuits against the driver who caused the accident in order to recover compensation for the damages they suffered. If any of the drivers involved were distracted at the time of the accident, their distracted driving can play a significant role in the lawsuit.

If the accident was primarily caused by someone who was distracted while driving, such as swerving into another lane while texting, that distraction will make the driver (and his or her insurance company) liable for most or all of the damages — or at least those not covered by Michigan no-fault insurance. If a driver failed to avoid a car accident already taking place because they were distracted and didn’t notice the situation, that driver may held partly responsible for any injuries occurring from the crash — including his or her own injuries — because it is likely that injuries would have been less severe had they been fully paying attention and avoided the accident or otherwise responded appropriately. Michigan law requires that any damages awarded to an injury victim be reduced by the amount that the victim contributed their own or any other person’s injuries. So, in the case of failing to avoid an accident because of a distracting conversation or trying to read a map while driving, if the jury finds they were 20% responsible for their own injuries any damages awarded to them will be reduced by 20 percent.

Anyone who has been injured in a Michigan car accident involving a distracted driver should be represented by an experienced personal injury lawyer as soon as possible. In Michigan, the personal injury lawyers at Sachs Waldman, P.C., have experience litigating cases involving distracted drivers. Regardless of whether the driver was illegally texting while driving or was distracted in some other way, we can most likely help any accident victim recover damages for their injuries.

If you’ve been injured in an accident, call our Detroit auto accident attorneys’ office at 1-800-638-6722 to schedule a free consultation.