Distracted Driving Accidents: Legal Consequences and Victim Rights

Distracted Driving

Distracted driving is something we hear about all the time, but many people still don’t realize just how dangerous — and costly — it can be. Every day, I see firsthand how a few seconds of distraction behind the wheel can turn lives upside down. As an attorney who’s worked with many car accident victims, I want to share some insight into the legal consequences of distracted driving and what rights you have if you’re a victim.

What Counts as Distracted Driving?

When people hear “distracted driving,” most immediately think of texting. And yes, texting while driving is a huge problem — but it’s not the only distraction. Distracted driving includes anything that takes your attention away from operating your vehicle safely, such as:

  • Talking on the phone (even hands-free)
  • Eating or drinking
  • Adjusting the radio or GPS
  • Chatting with passengers
  • Reaching for something in the back seat
  • Daydreaming or getting lost in thought

It only takes a second for a distraction to cause a major accident. According to the National Highway Traffic Safety Administration (NHTSA), sending or reading a text takes your eyes off the road for about 5 seconds. At 55 mph, that’s like driving the length of a football field — blindfolded.

Legal Consequences for Distracted Drivers

If you’re caught driving distracted, the legal consequences can be serious. Every state has its own set of laws, but generally, drivers can face:

  • Fines and penalties
  • Points added to their driver’s license
  • Increased insurance premiums
  • Driver’s license suspension (especially for repeat offenders)

But it doesn’t stop there. If a distracted driver causes an accident that injures or kills someone, they could be held civilly and even criminally responsible. Criminal charges could range from reckless driving to vehicular manslaughter, depending on how serious the accident was.

From a civil standpoint, the distracted driver (and their insurance company) will almost certainly be liable for paying damages to the victim — including medical bills, lost wages, pain and suffering, and more.

If You’re a Victim: Know Your Rights

If you’ve been injured because someone else was driving distracted, you have important rights under the law. As a victim, you can file a personal injury claim to seek compensation for your losses. This usually includes:

  • Medical expenses (both immediate and long-term)
  • Lost income if you’re unable to work
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

In tragic cases where a distracted driving accident results in death, the family of the deceased may be able to file a wrongful death lawsuit.

You shouldn’t have to bear the financial and emotional burdens caused by someone else’s negligence. As an attorney, I work closely with clients to make sure they understand their rights and options — and to fight for the full compensation they deserve.

Proving Distracted Driving in a Legal Case

You might be wondering: how do you prove someone was distracted? After all, unless a driver admits they were texting, how do you really know?

Fortunately, there are several ways to prove distracted driving, including:

  • Phone records: These can show if the driver was texting, calling, or using an app at the time of the accident.
  • Witness testimony: Other drivers or passengers might have seen the driver using their phone or otherwise distracted.
  • Police reports: Officers are trained to investigate distracted driving and often note it in their reports.
  • Surveillance footage: Traffic cameras or nearby businesses might have caught the driver in the act.
  • Vehicle data: Some newer cars record detailed driving information, which can sometimes reveal distraction.

As your attorney, I would work hard to collect and analyze all available evidence to build the strongest possible case.

Don’t Let Insurance Companies Minimize Your Claim

Insurance companies are businesses — their main goal is to protect their bottom line. After an accident, they might seem friendly and willing to help, but they are often looking for ways to minimize the amount they pay out.

They might try to blame you for part of the accident (even if you weren’t at fault), downplay your injuries, or rush you into accepting a low settlement. That’s why it’s so important to have an advocate on your side who understands the law and isn’t afraid to stand up to them.

When you work with me, Francis Pommett, attorney, I make sure the insurance companies see that we mean business. You deserve a settlement that truly covers your medical bills, lost wages, and pain — not just a quick payout that leaves you struggling later.

Final Thoughts: Stay Aware, Stay Safe

Distracted driving is one of the biggest dangers on our roads today, but it’s also one of the easiest problems to fix. It comes down to making a conscious choice to stay focused every time we get behind the wheel.

If you’ve been the victim of a distracted driver, know that you have rights — and you’re not alone. Whether it’s helping you understand your options or fighting for the compensation you deserve, I’m here to help guide you every step of the way.

Stay safe out there, and remember: eyes on the road, hands on the wheel, mind on the drive. It’s a simple choice that saves lives.

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