Distracted Driving

There is no explicit law banning distracted driving. However, the state does have regulations that specifically restrict the use of cellphones while operating a vehicle. This law applies to drivers of all ages and includes a total ban on reading, writing or sending text messages. Drivers under the age of 18 are forbidden to use cellphones in any capacity when operating a vehicle, whether hands-free or handheld.

While distracted driving is not illegal per se, behaviors resulting from being distracted are considered reckless driving, which is illegal. Kentucky Revised Statute Section 189.290 defines reckless driving as the failure to drive with the necessary caution and consideration for the safety of others. Those who violate this law can be cited and face other penalties.

Do I Have a Case if a Distracted Driver Caused My Crash?

While distracted driving is not illegal per se, behaviors resulting from being distracted are considered reckless driving, which is illegal. Kentucky Revised Statute Section 189.290 defines reckless driving as the failure to drive with the necessary caution and consideration for the safety of others. Those who violate this law can be cited and face other penalties.You may have a case; however, you will need to prove it. Under the law, the burden of proving negligence falls on the victim. Distracted driving cases are challenging to prove, which is one reason we strongly recommend seeking legal help. Statistics also show that injured victims who hire an attorney typically recover far more compensation than those who do not.

If you have a case, you may be eligible to seek compensation for certain damages, such as:

• Emergency transport costs, such as an ambulance
• Initial medical examination, treatment and diagnostics
• All other medical costs for injuries directly resulting from the crash
• Lost wages if you missed work while recovering from your injuries
• Property damages
• Pain and suffering damages, such as depression, anxiety, loss of enjoyment and more

Deadlines apply, so if you decide to take legal action, you do not want to delay. In Kentucky, victims only have one year from the date of the accident or injury to file a lawsuit.

What Are Some Common Distracted Driving Behaviors?

According to the National Highway Traffic Safety Administration, one in every ten traffic fatalities is caused by distracted driving. AAA has an infographic that shows many types of distracted driving behaviors, some of which may surprise many people.

Here are some leading causes of distracted driving crashes:

• Manually or verbally texting and driving
• Using your phone to record things while driving
• Personal grooming or checking your appearance
• Trying to grab something off the floor of the car
• Tending to children riding in the back seat
• Adjusting the GPS or other vehicle controls
• Taking selfies or posting to social media
• Talking on the phone, especially if arguing
• Daydreaming or zoning out, such as highway hypnosis
• Any kind of driver impairment, such as being drowsy or drunk
• Eating or drinking is distracting even if nothing gets spilled

Someone who sends a text to a friend likely did not intend to cause someone harm. Yet over 3,000 people die each year because a driver was distracted by something else, often a text message.

What Types of Crashes Are Caused By Distracted Driving?

Any type of crash can result from distracted driving behavior, but some of the most common include:

• Head-on collisions/wrong way crashes: Drivers who look away from the road often drift into oncoming traffic. Tragically, head-on collisions are typically catastrophic, especially if both drivers are going at high speed.
• T-bone or side-impact crashes: When the front of a distracted driver’s vehicle hits the side of another vehicle, the injuries are more likely to be severe. Victims may sustain life-altering spinal cord injuries, whiplash, traumatic brain injuries (TBIs), internal organ damage and other devastating physical harm.
• Rear-end collisions: Distracted drivers may miss a vehicle in front of them that has stopped. Common injuries from these crashes include whiplash and other serious neck injuries, facial disfigurement, head trauma, spinal cord injuries, leg or knee injuries, and more.