The perils of texting while driving have never been more evident. This phenomenon, a byproduct of our increasingly connected world, is the most dangerous form of distracted driving, and it is escalating at an alarming rate in Rancho Cucamonga and throughout the country. Despite state laws aimed at curbing this behavior, texting while driving remains a pressing concern, leading to numerous avoidable accidents on our streets and highways.
The Dangers of Texting While Driving
While indispensable in our daily lives, smartphones can pose serious risks when misused, particularly while driving. These devices can distract drivers in a myriad of ways. Alerts from calls, messages, social media notifications, or even map directions can divide a driver’s attention, drawing focus away from the road.
Texting exacerbates these risks as it requires cognitive, manual, and visual engagement. Cognitively, drivers must shift their concentration from driving to reading or composing a message. Manually, they must remove at least one hand from the wheel to operate the phone. Visually, drivers must avert their eyes from the road to the phone screen. This triple threat of distractions can drastically increase the risk of an accident.
To put this in perspective, consider this: taking your eyes off the road for merely five seconds while traveling at 55 mph is tantamount to crossing an entire football field blindfolded (source: NTHSA). That brief moment of distraction, in effect, can translate to substantial distances traveled without full attention, creating ample opportunity for potentially deadly incidents.
Statistics on Texting While Driving
Distraction-induced car crashes have reached alarming proportions. Over a million accidents annually are attributed to distracted driving, leading to more than 3,000 deaths and over 400,000 severe injuries. As we have talked about, the primary culprits behind these incidents are cell phones and other electronic devices, which are involved in most distracted driving accidents. Cell phone use now accounts for more than 14% of all fatal traffic crashes.
The perils of texting while driving outmatches even the notorious threat of drunk driving, with distracted drivers nearly six times more likely to cause an accident. Nighttime, particularly between 6:00 pm and 11:00 pm, sees a surge in distracted driving, contributing to the escalating trend of car accidents due to cell phone use.
Cell phone use while driving is particularly prevalent among teens. 42% of high school students across the U.S. admitted to texting or emailing while driving when surveyed.
Although 48 states, including California, have implemented bans on texting while driving as of 2023, the effectiveness of these bans is debatable. A study by the Insurance Institute for Highway Safety (IIHS) on the impact of strengthened cellphone laws on the rates of rear-end crashes in California, Oregon, and Washington produced mixed results. The study found significant reductions in crash rates in Oregon and Washington following the new laws, but no change was observed in California.
The study concluded that differences in the laws’ wording, enforcement levels, and penalties might explain the inconsistent outcomes. The reductions observed in Oregon and Washington indicate that comprehensive legislation banning almost all handheld cellphone use may have clarified to motorists the unacceptable nature of such behaviors and facilitated better enforcement in these states.
How to Prove Texting While Driving in a Rancho Cucamonga Auto Accident
In a distracted driving case, establishing proof that a driver was texting at the time of the incident can significantly enhance the injured party’s position. An experienced car accident attorney can be very helpful in effectively demonstrating this critical evidence.
One crucial method involves acquiring cell phone records. These records can provide a definitive timeline of the driver’s texting activities, aligning them with the accident’s timing. This can serve as powerful evidence of driver distraction at the time of the crash. In addition, an attorney can seek other corroborative evidence such as surveillance footage, witness statements, and even the physical state of the phone post-crash to further support the claim of driver distraction.
Establishing that the other driver was texting at the time of the accident can have a profound impact on the outcome of the injury claim. It can provide clear proof of negligence, making it easier for the injured party to claim damages for their losses.
Damages that Can Be Recovered in Rancho Cucamonga Distracted Driving Cases
Distracted driving incidents often result in a range of moderate to severe injuries. These can include traumatic brain injuries, spinal cord injuries, broken bones, internal bleeding, and severe burns, among others. The physical, emotional, and financial aftermath of such injuries can be incredibly taxing.
Victims can claim a variety of damages in such cases, categorized broadly into economic and non-economic damages.
Economic Damages
- Medical Bills: This includes expenses for emergency care, hospital stays, surgeries, medication, rehabilitation, and future medical needs related to the injury.
- Lost Earnings: If the victim misses work or cannot continue to work due to the injuries, they can claim compensation for lost wages and loss of future earning capacity.
- Property Damage: Compensation for the repair or replacement cost of any property damaged in the accident, such as your vehicle.
- Funeral and Burial Costs: In cases where the victim succumbs to their injuries, their family can claim the costs of funeral and burial expenses.
Non-Economic Damages
- Physical Pain and Suffering: This refers to compensation for the physical discomfort and pain caused by the injuries.
- Emotional Trauma/Psychological Distress: Accidents can lead to mental health issues like depression, anxiety, and PTSD. Victims can seek compensation for emotional distress.
- Diminished Quality of Life: If the injuries impact the victim’s ability to enjoy life as they did before the accident, compensation can be claimed for the diminished quality of life.
- Disfigurement: If the injuries result in scarring or other forms of permanent physical changes, victims can seek damages for disfigurement.
- Loss of Consortium: Compensation for the loss of companionship, affection, comfort, and sexual relations experienced by a spouse due to the victim’s injuries.
- Loss of Comfort, Care, Guidance, and Support: In wrongful death cases, surviving family members can seek compensation for the loss of the decedent’s guidance and support.
An experienced car accident attorney can play an invaluable role in recovering these damages. They can preserve critical evidence, accurately estimate the value of your claim, and advocate effectively on your behalf.
Injured in a Distracted Driving Accident in Rancho Cucamonga? Contact MLG Law Group for Assistance
Texting while driving is a pervasive and perilous issue in southern California, causing numerous preventable accidents each year. The cognitive, manual, and visual distractions that texting creates make it a uniquely dangerous form of inattention behind the wheel.
If you or a loved one has been a victim of such an accident, it is important to seek legal assistance promptly. Proving that the other driver was texting can be a key factor in winning your case and receiving the compensation you deserve.
You don’t have to navigate this journey alone. At Muhareb Law Group, we are committed to helping victims of distracted driving accidents get justice. Our experienced legal team can help guide you through the complex legal process.
Call us today at (909) 519-5832 or message us online to schedule a free, no-obligation consultation. We will meet with you to thoroughly assess your case and advise you of your legal rights and options.