For decades, drunk drivers have been what many of us fear the most on our roads. The dangers of driving under the influence of alcohol or drugs is well-publicized. But according to a 2018 Cambridge Mobile Telematics survey, distracted driving is a bigger concern to motorists today than drunk driving. Especially in this era of smartphones and texting while driving.
It’s been estimated that approximately 9 lives are lost each day in accidents caused by a distracted driver. This equates to about 3,285 deaths every year. While this number is smaller than the number of people killed annually in drunk-driving related accidents, distracted driving is also harder to prove than driving under the influence is.
It should also be taken into consideration that countless studies seem to suggest that a distracted driver is actually more dangerous than a driver with a 0.8 blood-alcohol level – almost every state’s definition of legally intoxicated.
You will see this and similar comparisons throughout this site but texting and driving at 55 mph is the equivalent of driving a football field’s length with your eyes shut. Now, let’s talk about the delayed reaction time. It takes .54 seconds for a completely sober driver to hit their brakes. A driver that’s been drinking’s reaction time increases to anywhere from 1.5 to 3.0 seconds. That adds about four feet.
Comparatively, reaction times while a driver is texting is anywhere from 3.0 to 4.0 seconds according to researchers at the Texas Transportation Institute. The same research also concluded that those simultaneously texting and driving were more likely to swerve or be unable to maintain a consistent speed as they texted or read a text.
The National Highway Traffic Safety Administration (NHTSA) has determined that an accident is nearly 25 times more likely to happen if a driver is texting. Texting while driving is the cause of at least 30% of car accidents today.
And that may just be the drivers who admit to texting after a collision.
What about those who don’t admit to it?
How To Prove a Driver Was Texting
A driver that’s texting while driving is negligent. Negligent drivers are liable. However, how do you prove this negligence and their liability without admission or proof?
NOTIFY THE POLICE
You should always call the police following an accident. If you believe the driver was texting – or on their cell phone – be sure to inform the responding offers of this. If the police can corroborate this, a traffic citation might be issued and the police report will be on record.
TAKE PHOTOS OR VIDEO
If possible, be sure to take photos or a video of the accident scene. This will document damage to the vehicle and the collision’s impact as well as any traffic signs a distracted driver may have missed.
HAVE AN ATTORNEY SUBPOENA FOR CELL PHONE RECORDS
Cell phone records are the absolute best proof that someone was texting or on their phone at the time of an accident. These records not only show the time and location someone used their phone but most will also reveal whether someone was texting or talking. However, cell phone companies won’t release a customer’s records without a court order. So, you’ll need an attorney to subpoena for their release.
NEED A LOS ANGELES DISTRACTED DRIVING ATTORNEY?
If you’re the victim of an accident brought on from another driver’s distractedness, you could be owed compensation for your pain and suffering. The attorneys at M.R. Parker Law, PC represent individuals involved in distraction-caused accidents in and around Los Angeles. To schedule a free consultation, call us today or complete our online case evaluation form.
