Call Us 24/7

Distracted Driving

Distracted driving is a leading cause of severe car crashes in Kentucky and across the country. Whether texting and driving, shooting a video or adjusting the GPS, any distraction is a dangerous crash risk. Drivers have a legal duty to avoid doing anything that has the potential to cause harm to themselves or others. For this reason, if someone causes a crash while driving distracted, he or she may be held liable for the damages. Were you injured by a distracted driver? At Justice Injury Law, we have built a reputation for success, and we are known as tough negotiators. We fight hard for our clients to hold at-fault parties accountable and to recover the maximum possible compensation. Often people wait to call an attorney because they are unsure about the costs or if they even need legal help, but rest assured, there is no risk to find out. Our experienced Louisville car accident attorneys accept injury cases on contingency. This means there are no upfront costs to pay.

Call to request a FREE case review today. 502-584-5455

What Is Distracted Driving?

Distracted driving is what happens when drivers get behind the wheel of any vehicle and engage in activities that take their minds off the task of driving. Even seemingly harmless behaviors, such as talking on the phone hands-free, can divert a driver’s attention from the road long enough to cause a crash.

Our Services

How Can We Help Your Case?

Get the justice you deserve

We are committed to achieving the best possible outcome – we want you to succeed.

We deliver our services at a great price. We want to bring the best value to our clients.

We make communication a priority; we want the process to be clear and simple.

We deliver honest and clear counseling for the best results.

  • This field is for validation purposes and should be left unchanged.

Is Distracted Driving Illegal in Louisville?

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.

Call Justice Injury Law if You Were Injured by a Distracted Driver

At Justice Injury Law, we are here to help you. Our job is to fight for your rights and your best interests. No amount of money can change what has happened to you. However, you should not have to pay for your medical costs and other losses caused by the negligent actions of another person. It takes time to build a strong case, so we strongly recommend contacting us soon after your crash. Let us help you navigate the legal process and recover the compensation you need. There are no upfront costs to pay when you hire our services. We only get paid if we win your case through a negotiated settlement or jury-awarded verdict.

Experienced Lawyers. Proven Results. Call: 502-584-5455

Types of Distracted Driving

Manual Distractions

Taking even one hand off the steering wheel gives you less control over your vehicle. If you have to quickly avoid a car that drifted into your path, it would take you longer to react. Another common danger is if you have a tire blowout. Even new tires can get punctured if they run over something in the road.

Drivers often take at least one hand off the wheel to eat or drink, use their cellphone or pick something up. Maybe they let go to give something to children, pets or other passengers in the car.

Visual Distractions

Texting is a big visual distraction, but anything that makes you take your eyes off the road could cause you to miss a road hazard. A car in front of you might brake suddenly, such as if a child or animal darted into their path. Looking away from the road causes drivers to drift. This is why distracted driving often causes head-on collisions.

Mental Distractions

Mental distractions are the most dangerous. If you have ever zoned out behind the wheel and missed your exit off the highway, you may understand the danger. Imagine if, instead of missing an exit, you missed seeing a red light or a railway crossing gate go down. It is sobering to realize that any distraction is enough to result in a crash.

Our Victories

Millions recovered for our clients.

Hear it from our clients

Had I not had Scott working for me, I would have only been awarded pennies on the dollar of what is rightfully mine.

Had I not had Scott working for me, I would have only been awarded pennies on the dollar of what is rightfully mine.

Lewis

Get the justice you deserve

Contact us today

Call our firm at 502-584-5455 or fill out the form to request your free case evaluation.

  • This field is for validation purposes and should be left unchanged.