A distracted woman uses a cell phone while driving.Distracted driving has become a major contributor to car accidents in recent years. Between smartphones and increasingly complicated car technology, drivers have a lot of things just within the car that can occupy their attention.

You may not even realize that you are participating in distracted driving, but if your attention is not fully focused on the road, then you’ve experienced it.

The worst part about distracted driving is that it is avoidable, but it still happens so often. Whether you are talking on the phone, adjusting the radio station, or taking a bite of your lunch while driving, things can happen in a matter of seconds.

Reach out to the CEO Lawyer Personal Injury Law Firm if you or a family member has been hurt in an accident involving a distracted driver. Our legal team will provide you with a free, confidential, and no-obligation case review to discuss your options for seeking compensation.

When you are ready for someone to listen, we are here. Contact us using the contact form on our webpage to discuss next steps.

How a Distracted Driving Accident Attorney Can Help Your Case

When an act of negligence, such as distracted driving, results in a serious personal injury or death, the negligent party can be held accountable for all the suffering and financial losses they have caused.

A distracted driving accident attorney can represent the injury victim, helping them document their accident, establish key evidence, and seek the maximum compensation available for all damages.

At the CEO Lawyer Personal Injury Law Firm, founder and managing attorney Ali Awad has built a team of experienced injury attorneys who are dedicated to helping clients after they’ve been affected by negligence.

We are client-focused and have a mission to help those with limited access to legal resources. Our reputation has been built on pursuing compensation quickly from all available sources, helping clients get back to their lives sooner.

We don’t get paid unless we recover money for you. This means you have nothing to lose.

The Types of Distracted Driving

Distracted driving cannot just be defined as one thing; generally, it is any activity that diverts attention from driving.

It can affect people of any age range, so it is important to educate yourself on how this can be avoided and what some signs are that indicate when other drivers on the road may be distracted.

How many times have you driven behind someone, and they were driving carelessly and possibly swerving in and out of their lane, for you to just drive up next to them and see them texting on their phone or checking their makeup in the mirror?

Many accidents are triggered by or made worse by being distracted in this manner.

Distracted driving can be broken up into three primary categories:

Visual — Taking your eyes off the road

If you take your eyes off the road for even a second, you can’t predict what the results will be. Many drivers who get into accidents claim that they don’t know how the situation changed so quickly.

If you think about it, you may have only stopped watching the road for a second, but moving at highway speeds means you are likely traveling 55 mph or more — meaning you clear the length of a football field in less than four seconds.

By the time a distracted driver refocuses on the road, they and the other vehicles may not have had enough time to avoid an accident — endangering not just themselves but everyone else on (or near) the road.

Manual — Taking your hands off the wheel

By removing your hands from the wheel, you forgo control of the vehicle. Even in vehicles with assistive technology, it means surrendering control and risking an imminent impact, especially in poor weather conditions.

A simple act, such as reaching over to grab a bite to eat, means a reduced ability to avoid something like a patch of ice.

Both hands are needed on the wheel to maintain full control, ensuring that someone has the ability to steer clear of hazards in advance of a collision or loss of control.

Cognitive — Taking your mind off driving

Cognitive distractions can happen without us even realizing it. Have you ever driven to a destination just to get there and not remember half the trip?

Especially on long drives, people tend to have their minds drift off and have their bodies just automatically take over the driving. When this happens, drivers lose their ability to detect hazards, and they increase the response time needed to react.

In cases where mental distractions or “zoning out” happen during long stretches of driving, the driver should make sure to take breaks. Our minds should always be fully focused on the road while driving — not focused on chores ahead or songs on the radio, or other musings.

Conversations can be another common cause of distracted driving, where a passenger or a phone call diminishes the driver’s ability to notice risks and respond to them. These distractions are a particular hazard for young and inexperienced drivers.

How Many Deaths and Injuries Are Caused by Distracted Driving?

According to the CDC, nine people in the United States are killed every day in crashes that are reported to involve a distracted driver. In the United States, over 3,100 people were killed, and about 424,000 were injured in crashes involving a distracted driver in 2019.

These numbers include non-drivers, as well. Many accidents take the lives of people who were crossing the street, riding a bike, or were near the roadway.

Some of the most common injuries caused by distracted driving car accidents include:

  • Traumatic brain injuries
  • Injury to the spinal cord or neck
  • Burns
  • Fractures and broken bones
  • Facial injuries
  • Soft tissue injuries
  • PTSD

Which Group Is Most at Risk for Distracted Driving Accidents?

Young adult and teen drivers have the highest risk of being in a distracted driving-related accident. According to a survey conducted by the CDC in 2019, a higher percentage of drivers aged 15–20 were distracted than drivers aged 21 and older.

The study found that 39% of high school students who drove in the past 30 days texted or emailed while driving on at least one of those days. This same survey also found that among these younger drivers, 9% were distracted at the time of the crash.

With so much being accessible via our cell phones these days, it is understandable why these statistics would be so high, whereas this may not have been the case a decade or two ago. Young drivers may not realize the consequences of distracted driving or just may not care.

Parents are an important component in monitoring teen drivers, enforcing safe habits, and denying access to family vehicles when the child is incapable of avoiding distractions while driving.

How Distracted Driving Can Be Avoided

There are many ways that distracted driving can be avoided, and it doesn’t always just involve the driver. The passengers in the car play a large role in preventing distractions, as well.

Luckily, many states have already enacted laws to help prevent distracted driving from occurring. Still, this doesn’t mean or guarantee it still won’t happen.

It definitely helps, however, that many of these laws, like in the State of Georgia, penalize the offending party with not only monetary fines but with points on their license, as well.

The Hands-Free Georgia Act was signed by Governor Nathan Deal on May 2, 2018. The fine for a first conviction is $50.00, and 1 point is assessed against the driver’s license.

The fine is $100.00 and 2 points for a second conviction, and $150.00 and 3 points for three or more convictions.

Many states are working to create these “hands-free” laws, which will make it illegal to have a cell phone in your hand while in the process of driving. In addition, there are laws being created that limit the number of young people that a driver is allowed to have in their car.

These laws intend to place parameters for drivers to follow at a certain age and during certain times.

What Drivers Can Do to Avoid Distractions?

Drivers must pay attention to the road and their surroundings rather than the amenities within the car.

It is important not to multitask while driving. This can range from playing with the radio to checking your phone to eating to turning your attention to the person in the passenger seat.

These activities should be reserved for when you are parked and not actively driving the vehicle.

There are even app options available on your cell phone to help you avoid getting distracted while driving. Your phone will allow you to turn on a “Do Not Disturb” feature, which will silence your calls while driving and send message responses back to any contacts who message you.

The feature explains to contacts that you are driving and will return their text when you arrive at your destination.

There are some car insurance companies that even give discounts if you enroll in their safe driving programs as an incentive. These usually consist of plugging a device into your car that monitors your driving habits, which can include speeding and/or heavy braking.

If you score well in these programs, you may be eligible for discounts on your car insurance.

What Passengers Can Do

Passengers may not realize how much of an impact they have on the driver, but it can actually be a big responsibility. It is essential that passengers don’t try to grab the attention of the driver, avoiding things that can distract the driver and break their focus on the road.

Sometimes, the driver may also engage in distractions through no fault of the passengers. Nevertheless, in these situations, it is imperative to speak up and ask the driver to focus on the road rather than what is dominating their attention.

If you are headed on a trip somewhere, you can also offer to help with the navigation aspect of the drive so the driver can focus solely on the road while you give directions on where to go next.

What Parents Can Do

Talk to your teen drivers about how important it is to focus on the road, and thoroughly explain the consequences that can happen. Familiarize yourself with your state’s distracted driving laws, and make sure that your children understand these laws and comply with them. It is also imperative that you set an example while you are driving with them in the car by keeping your eyes on the road and not turning your attention to the radio or your cell phone.

Damages Available in a Distracted Driving Claim

The injuries associated with distracted driving can range from minor to severe. An experienced distracted driving accident attorney can help you estimate your current and future losses related to the accident.

An attorney can also help you avoid accepting a low first offer made by an insurance company. At the CEO Lawyer Personal Injury Law Firm, our legal team is prepared to reject lowball offers, demonstrate your damages in full through evidence, and take the insurance company representing the distracted driver to court if needed.

Examples of damages that can be sought through a personal injury claim include:

  • Reimbursement of medical bills, past and future
  • Compensation for lost wages caused by work missed during medical recovery
  • Repayment of out-of-pocket expenses directly related to the accident and injury treatment
  • Repair or replacement of personal property damaged in the collision
  • Pain and suffering compensation for the mental anguish and physical discomfort experienced

Remember, when you file a car accident claim, you almost always work at odds with the at-fault driver’s insurance company, not the driver. The insurance company has extensive resources at its disposal and handles car insurance claims every day.

It isn’t always the case that the insurance company is intentionally trying to “lowball” an offer to you, but their end goal is to settle for the least amount of money possible.

Hiring an experienced car accident attorney helps to level the playing field. Like the insurer, your attorney handles cases like yours almost daily and understands the negotiation and settlement process. They can help you understand the factors that drive higher settlement values, ensuring that you can avoid mistakes while seeking the largest settlement possible in order to repay the damages you have suffered.

Work With a Distracted Driving Accident Law Firm That Cares

Let our team represent you and help you seek more money for your case. At the CEO Lawyer Personal Injury Law Firm, founder and managing attorney Ali Awad has built a team that understands the way insurers think and what factors matter most to the value of a case.

Let us help you recover while fighting for your legal right to seek damages from distracted drivers and other at-fault parties. You’ve already dealt with a traumatic incident, and the last thing you need is to add more stress to your plate.

Call (833) 254-2923 or fill out the contact form on our page to schedule a free, no-risk case review with a Georgia car accident attorney near you. You will get answers to your questions and find out the next steps we can take together to seek the highest possible compensation for your injury claim.

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Frequently Asked Questions

Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!

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Results depend on the unique facts of each case; past outcomes don’t guarantee similar results. The attorney shown is licensed in Georgia. Visit our legal team page to find an attorney licensed in your state.

What is the statute of limitations for personal injury in Texas?

In Texas, the statute of limitations for most personal injury claims is two years from the date the injury occurs. This deadline applies to cases such as car accidents, premises liability, and other negligence claims, and missing it usually means the court will dismiss the case. A key Texas-specific detail is that claims against government entities often require formal notice within as little as six months under the Texas Tort Claims Act, which is much shorter than the general filing deadline. Limited exceptions may extend the timeline, including cases involving minors or when an injury is not immediately discoverable.

How long does a personal injury case take to settle in Texas?

In Texas, the time it takes to settle a personal injury case can range from a few months to over a year, depending on the specific circumstances. Simpler cases that have clear liability and minor injuries may resolve quickly through negotiations with insurance companies. In contrast, more complex claims that involve serious injuries or disputed fault typically take longer, especially if a lawsuit is filed. A key factor specific to Texas is that cases must be resolved or filed within a two-year statute of limitations, which can impact the timeline for negotiations. Additionally, Texas follows a modified comparative fault rule, meaning that settlement discussions can be extended if there is a dispute over responsibility.

How much is a personal injury case worth in Texas?

The value of a personal injury case in Texas depends on medical expenses, lost wages, property damage, and pain and suffering. Cases involving severe or long-term injuries typically result in higher compensation than those with minor harm. Texas follows a modified comparative fault rule, so any award is reduced by the injured person’s percentage of fault and barred if they are more than 50% responsible. Additionally, state law caps non-economic damages in medical malpractice cases, which can limit recovery in such cases.

How are personal injury settlements calculated in Texas?

Personal injury settlements in Texas combine economic damages (like medical expenses and lost wages) with non-economic damages (such as pain and suffering). Insurers may apply formulas based on injury severity, but final amounts depend on evidence and negotiations. Texas also follows a modified comparative fault rule, reducing compensation based on the injured person’s percentage of fault and barring recovery if they are over 50% at fault. Additionally, a two-year statute of limitations affects the speed of claim evaluations.

How is fault determined in a car accident in Texas?

In Texas, responsibility for a car accident is evaluated using a proportionate responsibility system. Under this rule, an injured party may seek compensation only if they are not more than 50% responsible for the crash, and any recovery is reduced based on their share of fault. Determining fault involves reviewing evidence such as accident reports, witness accounts, photos or video footage, and how drivers followed Texas traffic laws. Insurance companies usually assess fault first, though disagreements can be resolved in court. Texas law also sets a two-year deadline from the date of the accident to file a personal injury claim.