Distracted driving accidents killed 3,092 people in 2010 according to the U.S. Department of Transportation. It is estimated that an additional 416,000 people were injured in automobile crashes involving a distracted driver.
Consulting a Fayette County attorney after an auto accident involving a distracted driver enhances a victim's ability to receive a reasonable settlement. If you have been injured in an automobile accident involving a distracted driver in Fayette County you should discuss your case with an auto accident attorney at the Law Offices of Shane Smith.
Courts have recently been trending toward holding drivers exclusively responsible for accidents when it is learned that they were texting while driving. Phone records are discoverable as evidence and show time stamps for text messages sent. These can be combined with automobile black boxes to show timing between texting and an accident.
Some courts have also begun liability hearings for those who are texting people while they drive. An appeals court in another state recently held that if the person sending text messages knows the addressee is driving then they may be held responsible for distracting the driver and therefore be held partially liable for any accident and related injuries. The court held that a "person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving."
According to a report by the National Highway Traffic Safety Administration (NHTSA),
A majority of drivers between 18 and 20 years old admitted to using a cell phone at the time of a crash or near-crash. Despite this, the drivers believe that using a cell phone does not impact driving performance. Additionally, more than 70 percent of the teenage drivers who had been involved in accidents rated themselves at least "above average" drivers.
The same report revealed that half of all drivers admit to eating and drinking while driving, 40 percent say they adjust their GPS while driving, 20 percent put on makeup or brush their hair, and 15 read a newspaper or study a map while driving.
If you or someone you know has been hurt by a distracted driver, meet with a Fayette County auto accident lawyer at the Law Offices of Shane Smith.