Distracted drivers are willfully negligent drivers that cause a significant number of rear end accidents, rollover accidents, and other motor vehicle crashes. As such, they should be held liable for any damages they cause. If you need to file a car accident claim against a distracted driver that crashed into you, look no further than the Milwaukee car accident attorneys at Casey Law Offices, S.C. We have more than 25 years of total legal and trial experience from which to draw when creating your case, pinpointing liability, and arguing for a maximized settlement or verdict.
The prevalence of smartphones and other mobile devices has made today's drivers more distracted than ever, and the overall number of accidents have only increased despite cars being safer than in the past. Conservative estimates from groups like the Centers for Disease Control and Prevention (CDC) and the National Highway Traffic Safety Administration (NHTSA) state that around 90% of car accidents are caused by human error. On top of that percentage, at least 25% of all collisions involve a motorist who was distracted by their cellphone. The problem of distracted driving continues to grow each year and can cause serious injuries to other drivers, motorcyclists, pedestrians, truck drivers, and bicyclists.
A driver may be distracted if they:
According to the National Safety Council (NSC), hands-free devices preinstalled in vehicles do not make using the cellphone any safer when driving. Engaging in the use of an electronic device will still take a driver’s mind off the task of driving. This form of distraction is called cognitive distraction, and it is one of the three main distractions to drivers, along with manual (hands) and visual (eyes). If you were struck by a motorist who claims they were not distracted because they were using a hands-free device, try to get this claim recorded, as it could be a powerful piece of evidence to use in your claim.
Although we can do little to prevent others from making negligent decisions while driving, there are warning signs that may indicate a driver was not paying attention to the road. If you remember any of these actions prior to your accident, be sure to let police officers know.
If you believe that the other driver's lack of focus and attention was the cause of your accident, how do you prove it? We often rely on evidence such as police reports, witness statements, and in some cases, cell phone records. Cell phone records can include data that shows the activity of the driver at the time of the accident. Was the driver replying to a text or on the phone right before the accident? This type of data can provide a clearer picture of liability. However, cell phone companies will only release cell phone records after a court subpoena, so it is a good idea to work with a Milwaukee car accident lawyer who can help you with the legal details should your case end up in trial.
According to the NHTSA, injuries and fatalities caused by distracted driving are on the rise while drunk driving accidents are declining. Distracted driving has also been reported to cause similar impairments and reactions as drunk driving - including slower response times, delayed braking, and greater likelihood of drifting between lanes.
It is clear that distracted drivers pose a serious threat to those around them. Some will only learn from their mistakes if they are held financially accountable for the damage they cause to others. If you suffered serious injuries because a driver chose to use a cellphone or engage in another form of distraction, contact our Wisconsin car accident attorneys based in Milwaukee. We earnestly want to keep our roads safe, and your case is a step in the right direction. If your accident involved an uninsured motorist, we can also help you explore your sources of compensation.