Understanding Distracted Driving Accidents

Distracted driving is one of the major causes of car accident fatalities across the nation.

Although deadly, this type of accident is entirely preventable.

Keeping distractions, such as smartphones, away while driving and ensuring quality rest before hitting the road could prevent thousands of accidents from happening.

From a legal standpoint, proving distraction in a car accident case requires skillful investigation and evidence gathering, areas in which our St. Louis car accident attorneys excel.

We understand the nuances of establishing fault in distracted driving cases, often requiring meticulous analysis of phone records, eyewitness statements, and accident reconstruction.

Our attorneys are dedicated to not only securing just compensation for victims but also using these cases as a platform to advocate for stricter enforcement of distracted driving laws and safer driving practices.

What Constitutes Distracted Driving

Distracted driving is any action that draws a driver’s attention away from the road.

One of the most common distractions among drivers in the United States is texting and driving.

Other forms of distracted driving include eating, adjusting music or navigation systems, talking to passengers, and much more.

Distracted driving manifests in three main forms:

1. Visual Distraction: This type of distraction occurs when drivers take their eyes off the road. Unsurprisingly, smartphones contribute significantly to this type of distraction.
2. Manual Distraction: Manual distraction occurs when drivers remove their hands from the wheel. Eating while driving or reaching into the backseat are common examples of manual distractions.
3. Cognitive Distraction: This type of distraction involves a driver’s mind being elsewhere. Daydreaming while driving or engaging in conversations requiring a high concentration level can lead to cognitive distraction.

Important Numbers and Figures About Distracted Driving

The National Highway Traffic Safety Administration (NHTSA) documented 3,522 fatalities from distracted drivingaccidents in 2021.

This number is a good deal higher than 2020’s distracted car accident cases (3,142).

Like most reports, the agency also named texting or using a smartphone as the most prominent driving distraction.

In Missouri, the Missouri State Patrol Highway reported 5,860 distracted driving-related injuries and 86 fatalities in 2022.

The primary cause of distracted driving accidents in the state is similar to the national problem — smartphones and handheld devices.

Because of the continued increase in distracted driving cases since 2012, the state government implemented the Siddens Bening Hands-Free Law.

This law prohibits drivers from physically holding their devices while driving, and enforcers are allowed to hold all drivers accountable.

What Are the Most Common Causes of Distracted Driving Accidents?

Various factors cause car accidents.

However, although it is the leading cause of distracted driving accidents, smartphone use is not the only factor.

Here are some of the other common causes of distracted driving accidents:

• Exhaustion or fatigue
• Eating or drinking while driving
• Grooming or applying makeup
• Interacting with passengers, especially children
• Adjusting music or navigation systems
• Daydreaming or being lost in thought while driving
• Reaching or searching for items in the car

Potential Car Accident Injuries

Car accidents are some of the most fatal incidents worldwide.

No matter how minor, a car accident could have long-term effects on one’s physical and emotional health.

Injuries resulting from car accidents vary and can range from minor bruises to severe injuries or even death.

Here are some potential injuries you could sustain from car accidents:

• Traumatic brain injury
• Spinal cord injuries
• Neck and back injuries
• Broken bones
• Whiplash
• Cuts, bruises, and lacerations
• Anxiety or post-traumatic stress disorder (PTSD)

Seeking immediate medical attention after a car accident is critical to prevent long-term or debilitating injuries.

You can also use these medical records as evidence to support your case if you decide to pursue legal action.

Legal Implications of Distracted Driving Accidents

A distracted driving car accident case entails numerous legal challenges.

From limited evidence to complicated liability establishment, victims of distracted driving car crash accidents in St. Louis could face an uphill battle in getting the compensation they deserve.

In these situations, our St. Louis car accident lawyers are equipped to help.

With our comprehensive understanding of Missouri’s traffic laws and experience in handling distracted driving cases, we can navigate these complexities effectively.

We employ strategic methods to gather and present evidence, ensuring that the distracted driver’s liability is clearly demonstrated.

Additionally, our attorneys are adept at negotiating with insurance companies to secure fair settlements and are prepared to vigorously represent your interests in court if necessary.

Our expertise and commitment can be pivotal in overcoming the legal hurdles of distracted driving cases and achieving a successful outcome for the victim.

Establishing Liability in Distracted Driving Cases Are Challenging

Determining and establishing liability in accounts of distracted driving accidents in St. Louis is not as straightforward as it seems.

Unlike other car accident cases, where it is usually evident who the at-fault driver is, distracted driving cases are often challenging to prove.

Most distracted drivers deny being distracted at the scene of the accident.

They might even shift the blame to you.

An experienced car accident lawyer has techniques to prove distracted driving, such as using call logs or asking the right questions.

Evidence To Prove Liability Can Be Difficult

Searching and collecting evidence to prove liability in a distracted driving case can be challenging.

Unlike other car accidents, where police reports and eyewitness accounts are enough evidence, distracted driving cases require more effort.

Evidence such as CCTV footage, phone logs, and witness accounts might be challenging to obtain promptly.

An experienced attorney can help you gather and preserve crucial evidence to fortify your Missouri car accident claims.

Low Insurance Settlement Value

One of the most common problems car accident victims face is dealing with manipulative insurance adjusters.

Most car insurance companies employ negotiating tactics that aim to convince you to accept a low settlement offer.

Having an experienced car accident attorney handle the negotiation process can increase your chances of receiving fair compensation.

Experienced car accident lawyers have counter-negotiating tactics, experience dealing with insurance companies, and extensive legal knowledge to ensure you get what you deserve.

Lengthy Personal Injury Lawsuit

Most car accidents end at the settlement phase.

However, if you can’t reach an amicable agreement with the at-fault driver’s insurer, a personal injury lawsuit might be necessary.

Personal injury lawsuits can be lengthy and require extensive legal knowledge to litigate successfully.

Role of a Distracted Driving Accident Lawyer

As explained, distracted driving cases contain several legal challenges.

Hiring a competent St. Louis car accident attorney to handle your case can significantly increase your chances of receiving justice and fair compensation.

An experienced car accident lawyer will help you prove liability, gather crucial evidence, and negotiate with insurance adjusters for a better settlement.

If a settlement can’t be reached, an attorney can represent you in court and fight for your rights.

Compensation for Car Accident Victims

A car accident claim can help victims recover financially after their accident.

Compensation for victims often includes damages such as medical expenses, lost wages, property damage, and pain and suffering.

Damages are divided into two categories: economic and non-economic.

An experienced car accident attorney can help you assess and calculate damages.

Economic Damages

Car accidents often cause serious injuries.

Most of the time, these severe injuries require extensive medical treatment, such as surgeries, physical therapy, and medication.

Economic damages compensate victims for these expenses.

Economic damages cover the financial losses victims suffer due to their injuries.

Compensation often includes medical bills, lost wages, and any other out-of-pocket expenses related to the accident.

Here are other economic damages car accident victims could recover, depending on the circumstances:

• Rehabilitation costs
• Future medical expenses
• Loss of earning capacity
• Property damage, including vehicle repairs or replacement
• Funeral expenses, in the case of a wrongful death

Non-Economic Damages

Not all injuries after an accident are visible and physical.

Some injuries can result in psychological trauma or emotional distress, causing mental anguish, pain, and suffering to victims.

Non-economic damages aim to compensate victims for their mental and emotional struggles after a car accident.

These losses are more complicated to quantify than economic damages, but a competent St. Louis car accident lawyer can help you calculate an appropriate amount based on the evidence presented.

Here are some of the most common examples of non-economic damages:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• Diminished quality of living
• Permanent disability or disfigurement

Punitive Damages

Punitive damages are the rarest compensation awarded to victims in personal injury cases.

These damages are not meant to compensate victims but to punish the at-fault party for their reckless or intentional actions.

Because of this unique requirement, punitive damages are sometimes awarded in motor vehicle accident cases.

For example, suppose a distracted driver was texting while driving and caused an accident, resulting in severe injuries or death.

In that case, they might be liable for punitive damages to discourage such conduct in the future.

Navigating Car Accident Claims

The legal system can be confusing, especially for those without first-hand knowledge of the state’s civil laws.

This section touches on subjects to help gain a basic understanding of the legal procedures for distracted driving cases in St. Louis, Missouri.

Important Car Accident Laws in Missouri

Numerous laws come into play in car accident cases, and it’s essential to understand them to navigate the legal system effectively.

Here are the most essential car accident laws you need to know:

• Statute of Limitations: Distracted driving accident victims in Missouri have three years to file a case against the liable party, according to the Missouri Revised Statutes § 537.100. Missing this deadline means you can no longer file a case for the accident.
• Pure Comparative Negligence: Missouri follows the pure comparative negligence rule, meaning victims can still recover compensation even if they are partially at fault for the accident. The victim’s percentage of fault will reduce the amount of their compensation.
• At-Fault Car Insurance State: Missouri is an at-fault car insurance state, meaning the liable party’s insurance company will be responsible for paying damages to victims. This system differs from no-fault states, where each driver’s insurance covers their own expenses.

Case Building and Settlement Negotiation

Bringing your case to a lawyer doesn’t automatically mean you must pursue a formal legal case.

Before your lawyer files a case with the court, they’ll attempt to negotiate a fair settlement with the negligent driver’s insurance company.

Your lawyer will build your case by gathering evidence, such as medical records, witness testimonies, and police reports.

They’ll also calculate the value of your damages to determine the appropriate compensation amount.

Once they have all the necessary information, they’ll send a demand letter to the insurance company outlining your injuries and requesting a specific amount for compensation.

The insurance company will respond with a counteroffer, and negotiations may continue until both parties reach a fair settlement.

If the insurance company refuses to give a reasonable settlement, your lawyer will recommend filing a lawsuit.

At this point, you’ll have a formal legal case, and the court proceedings will begin.

This process is lengthy and could last over a year to resolve.

Our Lawyers Provide Support and Advocacy

Car accident victims deal with a lot of emotional and physical trauma, making the legal process challenging for them.

A skilled St. Louis car accident lawyer not only provides expert legal representation but also offers support and advocacy to help victims navigate this highly emotional time.

They can provide guidance and support to help victims cope with their injuries and deal with the legal process effectively.

TorHoerman Law: Talk to Our St. Louis Car Accident Lawyers

St. Louis car accidents happen for various reasons.

If you were injured in a car accident in St. Louis, our experienced St. Louis auto accident attorneys are here to help.

At TorHoerman Law, we understand the physical and emotional toll that car accidents can have on victims.

Our team has decades of combined experience handling personal injury cases, including distracted driving accidents.

We are committed to helping our clients receive full and fair compensation for their economic and non-economic damages.

Contact us today for a free, no-obligation consultation.

You can also use our chatbot for an instant case evaluation.