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Driving While Distracted (DWD)

Information on Compensation, Settlements and Hiring a Personal Injury Lawyer

Distracted drivers pose a serious danger to America's roadways, accounting for nearly 80 percent of car accidents and 65 percent of near accidents. In 2008, 16 percent of fatal auto accidents were caused by distracted driving, killing some 6,000 people and injuring more than 500,000.1

Faced with an epidemic of highway casualties and mounting pressure from concerned advocates and citizens, states have begun to ban the most dangerous of distracted behaviors, namely text messaging and cell phone conversations. In addition, the Department of Transportation held a high-profile two-day conference in the fall of 2009 to address the problem.

In the meantime, distracted driving goes on. When a driver's distraction leads to an auto accident in which another party is harmed, it may be considered negligence, and therefore grounds for a lawsuit. If you or a loved one has suffered a closed head injury or other bodily harm in an accident caused by a distracted driver, it is imperative that you contact a personal injury lawyer as soon as possible. Your state's statute of limitations likely places time restrictions on the filing of your claim.

Common Driver Distractions

From driving while texting (DWT) and driving while talking, or "yakking," (DWY) on cell phones to radio surfing and putting on makeup, countless distractions can lead to accidents. Driving while distracted has become such a problem that it now has its own acronym — DWD — to remind us it can be as dangerous as driving while intoxicated.

The act of driving demands that the driver coordinate visual, audible, cognitive and manual stimuli. For this reason, anything that takes a driver's eyes or mind off the road — or hands off the steering wheel — is considered a potentially dangerous distraction. The most common driver distractions are:

  • Cell phone use (including text messaging)
  • Reaching for moving objects inside the vehicle
  • Looking at objects outside the vehicle
  • Putting on makeup
  • Reading

Other common distractions leading to car accidents include food, crying children and, amazingly, the increasingly popular (and highly inadvisable) dashboard television.

While just about anything can distract a driver from the task at hand, texting and talking on cell phones appear to be taking over as the biggest problem. Thus far, studies have universally demonstrated that these behaviors are extraordinarily dangerous, with some studies suggesting they may be as dangerous or more dangerous than drinking and driving. If you or a loved one sustained a traumatic brain injury or other bodily harm in an accident caused by distracted driving, you may be eligible for compensation. Contact a lawyer to discuss personal injury settlements and the possibility of receiving compensation from those responsible.

Driving While Texting (DWT)

Driving accidents while texting are the new scourge of American roadways. Researchers in one study demonstrated that driving while texting was twice as dangerous as driving while talking on the phone, a practice which has been shown to be as dangerous as driving with a blood alcohol content (BAC) of .08 — generally considered the threshold for intoxicated driving.2 A separate report found that texting and driving is more dangerous than drunken driving.3 It has also been shown that texting is more dangerous than listening, dialing, talking or reaching for a device.

Why Are DWT and DWY Dangerous?

Using a communication device for any purpose can be distracting and dangerous. According to scientists, the brain has a very difficult time processing different information streams. As a result, drivers who are concentrating on eating, dealing with children or changing the radio station — let alone typing a message or having a heated argument with their spouse — have difficulty focusing on the task at hand and reacting to road conditions.

Many experts believe there is little to no difference between hands-free and hand-held devices. The National Highway Transportation Safety Administration currently advises drivers not to use cell phones while driving, and has stated that handless devices do not eliminate the risks associated with driving while distracted.

Though driving while texting is a problem among most age groups, it is a bigger problem among teens. As a result, many states prohibit minors from using cell phones for any purpose while driving.

In the United States Congress, legislation has been proposed that would prohibit drivers nationwide, of all ages, from sending emails or text messages while driving.

Driving While "Yakking" (DWY)

Talking on a cell phone is another extremely dangerous behavior to engage in while driving, according to recent studies. Drivers are six times more likely to be in an accident while using a cell phone.4

Consumer advocates point out that even hands-free devices such as Bluetooth fail to solve the problem, because people are still distracted by conversation. Studies, too, show that the use of hands-free devices is just as dangerous as using a hand-held device. In fact, researchers have proved that even talking itself is a dangerous distraction, because it takes away from cognitive resources.5

As with texting, safety advocates have begun to push for a nationwide ban on telephone use while driving. Cell phone use is already illegal for bus drivers and minors in many states.

Other Distractions

Distracted driving is not limited to texting and talking on cell phones.

Eating can be very distracting because it involves chewing, swallowing, opening packages, unwrapping food, leaning over, spilling, reaching, wiping and other actions that take away from drivers' focus on the road.

Children are another major source of distraction. When not occupied with games, books, or toys, children can become impatient and distract the driver.

Other potential driver distractions include:

  • Pets
  • Navigation systems
  • Radio surfing
  • Looking out the window at accidents, construction, billboards or attractive people
  • Adjusting climate controls
  • Multi-tasking
  • Surfing the Internet on smart phones
  • Headphones, use of which while driving is illegal in many states

To view the current status of DWD laws in your state, refer to the graph at the website of the Governor's Highway Safety Association (GHSA).

Compensation for Accidents Caused by DWD

The push to ban certain forms of DWD has been compared to the famous car safety campaigns of the 20th century, including the campaign to mandate seatbelts and to make the legal blood alcohol content limit .08. Victims of distracted driving related accidents, as well as their families, may be entitled to compensation to help with their pain and suffering, as well as medical bills. If you or someone you love has been harmed in a distracted driving accident, contact a personal injury attorney to discuss the possibility of a settlement or compensation in the form of a court award.

[Last revision: July 6, 2010]

Sources:
1 National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI)
2 VTTI
3 Car And Driver
4 VTTI
5 Carnegie Mellon University

Other sources: PsychCentral.com, California Department of Motor Vehicles, The New York Times



Did You Know?

It is estimated that drivers devote around 30 percent of their time to distracting secondary tasks while driving.

Source: National Highway Traffic Safety Administration


FACT:

Vehicle accidents are the leading cause of death among 15–20 year olds.

Source: National Highway Traffic Safety Administration