Negligence and Distracted Driving: How to File Your Claim

By David M. Schloss
Attorney

Distracted driving is one of the leading causes of car accidents, resulting in thousands of injuries and fatalities each year. Whether it’s texting while driving, adjusting the GPS, or simply being lost in thought, distracted drivers put everyone at risk. Victims of these accidents often face serious injuries, medical expenses, and emotional trauma. If you or a loved one has been injured due to a distracted driver, understanding what constitutes distracted driving and how to take legal action is crucial.

How Common is it to Find Distracted Drivers?

Distracted driving has become a widespread issue, with more drivers than ever engaging in risky behaviors while behind the wheel. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 3,522 lives in 2021 alone, and nearly one in five crashes involves a distracted driver. The rise of smartphones, in-car entertainment systems, and other modern distractions has only worsened the problem.

In highly populated areas like Washington, D.C., Maryland, and Virginia, distracted driving incidents are particularly common. If you or a loved one has been involved in an accident with a distracted driver, you may have legal grounds for compensation. Learn more about how a D.C. distracted driving lawyer can help build your case.

What Is Considered Distracted Driving?

Distracted driving comes in multiple forms, all of which impair a driver’s ability to react and make safe decisions. These distractions are generally categorized into three main types:

  • Visual Distractions: Taking your eyes off the road, even for a second, can be deadly. Common visual distractions include reading text messages, looking at a GPS, adjusting in-car settings, or turning to talk to a passenger.
  • Manual Distractions: Removing one or both hands from the wheel significantly increases the risk of losing control. This includes eating, drinking, changing radio stations, applying makeup, or holding a mobile phone while driving.
  • Cognitive Distractions: Even with hands on the wheel and eyes on the road, a distracted mind can lead to delayed reaction times and dangerous driving. Cognitive distractions include daydreaming, talking to passengers, or driving while fatigued.

How to Prevent Distracted Driving

Preventing distracted driving is key to reducing accidents and keeping roads safe. Here are some essential tips:

  • Put Your Phone Away: Silence notifications and keep your phone out of reach to remove the temptation to check messages.
  • Use Hands-Free Technology: If you must take a call, use voice commands or Bluetooth devices that allow hands-free communication.
  • Plan Your Route Before Driving: Enter your destination into a GPS before hitting the road to avoid adjusting settings while driving.
  • Avoid Eating While Driving: Finishing meals before getting behind the wheel ensures both hands stay on the steering wheel.
  • Stay Focused: If you feel mentally distracted, pull over safely and take a break before continuing your journey.

How to File Your Claim

If you were involved in an accident caused by a distracted driver, taking immediate legal action is crucial. Here’s what you need to do:

  1. Seek Medical Attention: Even if injuries seem minor, some conditions worsen over time. Medical documentation is also essential for your claim.
  2. Gather Evidence: Take photos of the accident scene, vehicle damage, and any visible injuries. If possible, obtain witness statements.
  3. Obtain a Police Report: The police report will document the cause of the accident, which is critical in proving the other driver’s negligence.
  4. Consult a Personal Injury Attorney: An experienced attorney can help assess your case, negotiate with insurance companies, and file a lawsuit if necessary.
  5. File a Claim: Work with your attorney to submit a personal injury claim against the responsible party to recover damages for medical expenses, lost wages, and pain and suffering.

Locations We Serve for Distracted Driving Claims

District of Columbia: If you or a loved one has been involved in an accident with a distracted driver, you may have legal grounds for compensation. Learn more about how a D.C. distracted driving lawyer can help build your case.

Maryland: Understanding these distractions is the first step in recognizing their dangers. If you have been injured by a distracted driver, working with a Maryland distracted driving accident attorney can help ensure the responsible party is held accountable.

Virginia: By making a conscious effort to eliminate distractions, drivers can significantly reduce their chances of causing an accident. If you were injured due to someone else’s negligence, consider consulting an Arlington distracted driving lawyer for legal guidance.

At Koonz McKenney Johnson & DePaolis LLP, our experienced attorneys understand the devastating impact distracted driving accidents can have on victims. We are here to fight for your rights and ensure you receive the compensation you deserve. If you or a loved one has been injured, don’t wait—contact us today for a free consultation and let us help you through this difficult time.

About the Author
David M. Schloss is an injury attorney and partner in the law firm of Koonz McKenney Johnson & DePaolis LLP. He joined the law firm in 1987 and has earned a reputation as one of the leading personal injury and workers’ compensation attorneys in the District of Columbia.