Author: Blaine Barrilleaux, Esq. Lafayette, Louisiana
Personal Injury Lawyers in Portland Can Assist in Distracted Driving Cases
With technology at our fingertips, it’s easy to send a quick email, answer a phone call, or reply to a text message, but even the fastest response while driving creates dangerous roadways. Many drivers are not cautious about the dangers of distracted driving. According to the National Center for Statistics and Analysis, “10 percent of fatal crashes, 15 percent of injury crashes, and 14 percent of all police-reported motor vehicle traffic crashes in 2015 were reported as distraction-affected crashes.” With these types of statistics one can conclude that distracted driving is not safe and drivers who are distracted are more likely to be in a car accident. In some cases, people have fallen victim to a fatal car accident due to someone else’s negligence while driving. If you or someone you love have been injured in an inattentive driving accident, you need a personal injury lawyer in Portland.
Types of Distractions That Result in Accidents
The United States Department of Transportation has a specific site dedicated to distracted driving called National Highway Traffic Safety Administration (NHTSA) that states “Distracted driving is dangerous, claiming 3,450 lives in 2016 alone.” There are numerous ways a driver can be distracted while driving. NHTSA mentions three types of common distractions:
- Visual – A driver takes their eyes off the road
- Manual – A driver takes their hands off the wheel
- Cognitive – A driver takes their mind off the road and their focus off the vehicle
Anything that distracts the driver from paying attention to the road is considered a distraction. Visual, manual, and cognitive distractions can increase the risk of an auto accident and range from:
- Texting while driving
- Talking on the phone
- Alcohol impairment
- Smoking a cigarette
- Applying makeup
- Conversing with passengers
- Changing radio stations/music
- Driving while drowsy
- Rubbernecking, which is staring at something that intrigues your interest
These various types of distractions can all be categorized as simple or extreme distractions. Extreme distractions, such as impaired driving and texting, can be used as evidence in an injury case.
Simple and Extreme Distractions
Automobile accidents are typically caused by the at-fault driver’s failure to act or react while driving. An easy way to understand this is when an individual failed to check or scan the roadways and the at-fault driver’s distraction resulted in a collision. In many cases like this, the at-fault driver and their insurance company will admit to the fault of the collision. These are considered simple distractions and are usually a non-issue, allowing the focus to be on the injuries and the accident that resulted from the collision.
Extreme distractions like talking or texting while driving can result in a collision because the driver was distracted under all three categories, visual, manual, and cognitive. Cell phone laws may vary from state to state, so it’s vital to be aware of the particular laws in the state in which you reside. Extreme distractions can be used during a personal injury case because it can help determine who was at fault and why the distraction resulted in an accident. For instance, cell phone records can be used such as text messages, call logs, and the data usage on the day the accident occurred. This kind of evidence will help build an injury case around a distracted driving accident. Filing a claim can be challenging to do without a personal injury lawyer in Portland. Our attorneys can help build a client’s case by gathering evidence and combating insurance companies.
Contact an Attorney in Portland
Our attorneys understand the severity of distracted driving and we believe that if an individual has suffered an injury due to someone else’s negligence by distracted driving, they should receive compensation for their injuries. Settlements will vary depending upon the injuries the victim has suffered, but our lawyers know how to help clients file a lawsuit and receive every penny they deserve.
At Lowry & Associates, we believe in fighting aggressively to resolve every client’s case while they focus on healing and recovering. If you or someone you know has been a victim of a distracted driving accident, call us today at (207) 222-2222 or fill out our free case review form. We look forward to fighting for you.
About The Author
Blaine Barrilleaux is a car accident lawyer in Metairie, Louisiana and a graduate of the Loyola University New Orleans College of Law. Blaine is the founder of the Law Offices of Blaine Barrilleaux which operates offices in both Metairie and Lafayette, Louisiana. In addition to car accidents, the Law Offices of Blaine Barrilleaux welcome a wide variety of personal injury cases including truck accidents, workers’ compensation, maritime law, and premises liability.