What Is Distracted Driving?
Distracted driving is defined as operating a vehicle without your complete attention on the road. Rather than watching their surroundings and driving defensively, the driver may be on their phone or reading an interesting billboard on the side of the road. These minor distractions take away precious seconds of a driver’s reaction time, and this can have detrimental consequences for nearby pedestrians.
Types of Distracted Driving
Many things can take your attention away from the road. Whether it be a notification on your phone or thinking about other things, it’s important to know the distractions in order to prevent them. The three main types of distractions for drivers are visual distractions, cognitive distractions, and manual distractions.
- Visual Distractions: Visual distractions are anything that’s within your field of view that takes your eyes off the road. This can include billboards, street signs, or something you spot on the side of the road. When you drive by an accident and try to catch a glimpse of what happened, that’s a visual distraction, and you may be next in line for an accident.
- Cognitive Distractions: Have you ever had your mind wander to other things in the middle of washing dishes and spill water everywhere? Cognitive distractions are when you start thinking about other things while behind the wheel. This may seem harmless, but it diverts your attention away from your surroundings, meaning you may not notice someone in front of you is braking until it’s too late.
- Manual Distractions: When we talk about manual distractions, we’re referring to any distraction that takes your hands off the wheel at any time. While many people think of these distractions as putting on makeup or picking up the phone that you dropped, it can also be something as small as changing the song you’re listening to or adjusting the volume. Those few seconds of not paying attention can cost you time to react to the road and result in a car crash.
Types of Distracted Driving
Distracted Driving Impacts Thousands of Americans Each Year
Distracted driving is one of the leading causes of vehicular accidents across the country. In 2021, around 140 people were killed by distracted drivers in the state of California alone. The number of car accidents caused by phone use in the United States continues to increase every year, and many of these accidents involve innocent pedestrians.
Why Distracted Driving Poses a Special Risk to Pedestrians
While distracted driving creates a serious risk for everybody on and off the road, pedestrians are especially at risk for serious injuries. Because they aren’t in a vehicle, they have nothing to protect them from the impact of the collision. When a driver is distracted, they could make contact with a pedestrian at high speeds and cause serious injuries. Possible causes of pedestrian injuries from a distracted driver include:
- Failure to Spot Pedestrians: One of the most common causes of pedestrian injuries is when the driver fails to notice the individual. Whether the pedestrian was standing in one of the car’s blind spots or the driver was looking at their phone, the driver may accelerate or make a turn without noticing the individual and make contact with them.
- Missed Traffic Signals and Crosswalks: When a driver isn’t paying attention, they can easily miss nearby traffic signals or marked crosswalks. Running a red light, not yielding to a pedestrian crosswalk, and not noticing crosswalk signals can all lead to serious personal injuries.
- Delayed Reaction Times: When a driver isn’t paying attention to the road, their reaction time is delayed or shortened. This means that when they eventually notice a pedestrian, they have less time to brake or swerve out of the way. In some cases, it may be too late for the driver to do anything by the time they notice.
While these are the most common causes of pedestrian injuries, they are not the only ones. Pedestrians can fall victim to any form of distracted driving under the right circumstances. Other reasons for distracted driving include:
- Talking or texting on iPhones
- Checking GPS navigational systems
- Eating and drinking while driving
- Grooming and applying makeup
- Adjusting knobs or buttons, listening to music, watching videos, looking at photographs
- Reaching into the glove compartment or the back seat
- Gesturing while speaking on Bluetooth
- Adjusting the temperature within the car
- Repositioning seats
Distracted Pedestrians Increase Risk of Injuries
Distracted drivers aren’t the only cause of pedestrian injuries. Pedestrians can also be distracted while walking near busy roads, and this puts them at a significant risk of serious injuries. Both drivers and pedestrians are responsible for staying alert and paying attention to their surroundings to help prevent injuries. Possible injuries from a pedestrian car accident include:
- Traumatic brain injuries (TBIs) such as concussions
- Damage to the neck or spine
- Partial or complete paralysis from spinal cord injuries
- Facial injuries and permanent disfigurement
- Joint dislocations
- Internal injuries to organs
- Bruising
- Broken bones and fractures
- Cuts and lacerations
How Our Car Accident Attorneys Can Help If You Are Involved in Distracted Driving Accidents
The legal system can feel like a maze if you don’t know the ins and outs of the system. Compass Law Group, LLP is your personal injury law firm in California, and we’re here to get you the compensation you’re entitled to. We’re expert negotiators, and we’ll settle your claim without taking it to court. But make no mistake: if it comes to that, we’re ready.
Rights of Pedestrian Accident Victims
Our pedestrian accident lawyers in LA know the legal system like the back of their hands, and this includes your rights as a pedestrian accident victim. You have the right to sue the driver for financial compensation to cover medical bills and other damages. We’ll protect your constitutional rights and fight for the justice you deserve.
Types of Damages Available for a Distracted Driving Accident
At Compass Law, LLP, our team will fight to make sure you receive the best possible compensation to cover the damages from a pedestrian accident. You deserve to have your expenses covered so you don’t have to struggle with that financial burden. Common damages that compensation will cover include economic and non-economic damages.
Economic Damages: These damages include any financial losses caused by the accident.
- Medical Bills
- Long-Term Medical Care
- Medical Equipment
- Short-Term Disability
- Long-Term Disability
- Loss of Income
- Property Damage
Non-Economic Damages: These damages cover any losses from the accident that do not have a specific financial amount.
- Psychological Damages Such as
- Post-Traumatic Stress Disorder (PTSD)
- Pain and Suffering
- Permanent Disfigurement
- Loss of Quality of Life
- Loss of Companionship
Proving a Driver is Distracted in a Pedestrian Accident Claim
When filing a personal injury claim for a pedestrian accident, it’s vital to collect substantial evidence that proves the driver was distracted at the time of the accident. This evidence strengthens your case and helps you get the maximum compensation amount for your injuries. Here are the basic steps to help prove the accident was caused by distracted driving:
- Gather Evidence: Take photos of the scene, check for any nearby surveillance cameras that may have caught the accident, and get medical records of all your injuries.
- Collect Expert Testimonies: Expert testimonies from medical professionals and people who witnessed the accident can strengthen your case and prove the driver was distracted.
- Review the Police Reports: Go over the police reports regarding the accident and see what evidence of distractions you can find.
- Negotiate with Insurance Companies: Once you have all your paperwork in order, you and your legal team can begin negotiating compensation with the insurance companies involved.
- Know the Legal Deadlines for a Pedestrian Accident Claim: A pedestrian accident claim must be filed within 2 years of the date the accident occurred. Longer than that, and the court can dismiss your case with zero compensation.
Schedule Your Free Consultation With Compass Law Group, LLP Today
If you’re looking for a team of car crash attorneys in Los Angeles, Compass Law Group, LLP is here to help. Our lawyers will point you in the right direction and help you navigate the legal system towards maximum compensation. Contact us today at 310-895-9641 to schedule a free consultation and see what your legal options are.
