Distracted driving is a leading cause of serious car crashes in Elsmere and across Delaware. Whether it involves texting, eating, adjusting a GPS, or any other activity that diverts attention from the road, distracted driving can have devastating impacts.
Distracted driving car accidents in Elsmere can lead to severe injuries, overwhelming expenses, and time away from work. If you have been injured, an experienced auto accident attorney can help hold an inattentive driver accountable for the inconvenience, pain, and expense they have caused. At Doroshow, Pasquale, Krawitz, & Bhaya, our lawyers are ready to help you pursue legal remedies.
Understanding Distracted Driving
Distracted driving occurs when a driver engages in any activity that diverts their attention from safely operating a vehicle. The three different types of distractions are visual, manual, and cognitive.
Visual Distractions
Visual distractions involve looking away from the road. Reading a text message, checking a GPS, or turning around in the car to talk to passengers are all visual distractions.
Manual Distractions
A driver removing their hands from the wheel or using them for activities other than driving are manual distractions. Eating, drinking, adjusting controls, and using a phone are all examples of manual distractions.
Cognitive Distractions
Cognitive distractions involve anything that takes the driver’s mental focus off driving. Daydreaming, engaging in a conversation, or paying too much attention to an audiobook are all cognitive distractions.
Many people think of texting and driving when they think of distracted driving. Texting—or otherwise using mobile devices—combines all three types of distraction, which is why it is so dangerous.
Distractions do not have to be sustained to lead to a car wreck in Elsmere—even a few seconds of distraction can cause a crash with catastrophic consequences. When a driver chooses to engage in distracting behaviors, they put everyone on the road at risk.
Liability in Distracted Driving Cases
Proving liability in a distracted driving case requires strong evidence, but there are several ways to show that the other party is responsible.
Texting or talking on the phone while driving, using social media, or playing games can contribute to distracted driving. Obtaining the driver’s phone records is one of the easiest ways to determine if they were using a mobile communication device at the time of the crash.
Surveillance footage is another good source of evidence. Video from traffic cameras or nearby businesses can show driver behavior and may reveal if the driver was distracted.
Police reports from collisions in Elsmere can also provide evidence of driver inattention. For instance, if police document that fast food was scattered throughout a vehicle at the scene of a crash, that can suggest the driver was eating at the time of the wreck. Police may even get statements from the driver or passengers about distracted behaviors.
Steps To Take After a Distracted Driving Crash
If an inattentive driver collides with your vehicle in Elsmere, take steps to ensure your safety and protect your case against the driver.
Seek Medical Care
It is vital to seek medical attention, even if your injuries seem minor, as the adrenaline from the crash can mask any physical injuries. Also, many injuries get worse over time, and early medical intervention can help prevent further complications.
Call the Authorities
Calling 911 can provide medical assistance and bring law enforcement to the scene. The police can document important details to establish that the at-fault driver was distracted. They play an essential role in gathering evidence, documenting the scene with photographs, and compiling a police report.
Gather Evidence
You can also gather evidence. Photographs are some of the best evidence, so if it is safe to do so, take pictures of the vehicles, the crash scene, and any injuries. Getting witness contact information from anyone who may have seen the collision is also a good idea.
Avoid Incriminating Yourself
One of the most common mistakes you can make is to apologize for the crash, as an apology can be seen as an admission of fault. You should respond honestly to police questions about your welfare, but not admit any fault for the wreck.
Talk to an Attorney After a Collision With a Distracted Driver in Elsmere
If you have been injured by an inattentive driver, our law firm is here to help. At Dorshow, Pasquale, Krawitz, & Bhaya, we can provide you with the information you need to understand your legal rights after a distracted driving car accident in Elsmere. Schedule a case evaluation to learn more.