Distracted driving is a contributing factor in all too many car accidents, causing countless injuries and numerous traffic fatalities each year. After being involved in a car accident in which they suspect the other driver may not have been paying attention to the road, many people wonder: “What is distracted driving?” If you suspect that another party’s distracted driving may have been a factor in an auto accident in which you were injured, or which caused severe damage to your vehicle, you may have questions about whether the driver’s activities while at the wheel qualify as distracted driving, and how distracted driving may affect your eligibility for compensation to cover such costs as medical expenses and vehicle repairs arising from the accident. Schedule a consultation with the Missouri car accident lawyers at Steelman Gaunt Crowley to discuss the specifics of your situation. Call (573) 341-8336 today to set up your free case review.
What Is the Definition of Distracted Driving?
Many people may not be aware of how many activities are considered “distracted driving.” According to the National Highway Traffic Safety Administration (NHTSA), distracted driving refers to the operation of a motor vehicle while simultaneously engaged in any other activity that requires the driver’s attention. Examples include talking, whether on a mobile phone or to another person physically present in the vehicle, adjusting the vehicle’s radio or climate control settings, and even eating or taking a sip of water while at the wheel.
The breadth of the official definition means that the answer to “What is distracted driving?” may cover more territory than drivers or accident victims expect. While most people would probably recognize texting or reading a map while operating a vehicle as instances of distracted driving, a variety of other activities that might be less obvious could also meet the NHTSA’s definition.
What Are Some Consequences of Distracted Driving?
Distracted driving can be a factor in traffic incidents at any level of severity, from the simplest single-vehicle curb-bump to rush hour fender-benders to multi-car pile-ups resulting in loss of life. The NHTSA reports that distracted driving was identified as a factor in 11% of all motor vehicle accidents reported to police in 2022, linked to 8% of traffic fatalities (a number that the NHTSA elsewhere identifies as accounting for 3,308 deaths) and 12% of collisions resulting in non-fatal injuries. The NHTSA further notes that the consequences of distracted driving can even affect individuals who are neither drivers nor passengers of any vehicle involved; 621 pedestrians, cyclists, and other non-occupants were killed in distracted driving accidents reported in 2022.
What Are the Types of Distracted Driving?
The Centers for Disease Control and Prevention (CDC) recognizes three main types of distracted driving. These types are organized, roughly speaking, by “where” in the driver (or the driver’s attention) they occur:
- Visual: The driver takes their eyes off the road
- Manual: The driver takes one hand or both hands off the wheel
- Cognitive: The driver takes their mind off the driving task
Some instances of distracted driving may involve two or more types of distraction; for instance, a driver who is texting his partner to coordinate child pickup/drop-off arrangements may have his mind on the time required for commute and one hand on the phone for tapping out a message. Alternatively, a driver working out the same childcare arrangements may have sent a text message before putting the vehicle in gear, but look away from the road to read their partner’s response. The first of these incidents only provides an example of visual distraction if the driver also watches what they are texting, and the second instance only constitutes a manual distraction if the driver handles the phone in some way in order to view the message. However, both scenarios described involve cognitive distraction: The driver is in both instances thinking of something other than the task of operating the vehicle.
Distracted Driving and Car Accident Liability
Often, drivers who ask, “What is distracted driving?” after a car accident are curious about the official definition because they anticipate that its answer may impact their auto insurance claim. However, simply determining “What is distracted driving” will not provide a sufficient basis for determining the impact distracted driving may have on each claim. There are a number of other factors that may be involved, but one of the most important is how the courts in the state where the accident occurred determine liability, or “fault,” in personal injury cases. An auto accident attorney with Steelman Gaunt Crowley may be able to help you understand how fault relates to your distracted driving accident case.
Comparative Fault
In some states, driver fault is determined on a “yes or no” basis. In these states, when two or more drivers are involved in a crash, fault is assigned to whichever driver can be said to hold a greater share of the blame than the other(s) – even if that share is “greater” by a single percentage point. Other states, including Missouri, adopt what is known as a “comparative fault” paradigm for determining financial responsibility after an accident.
Eligibility for Compensation
How degrees of fault are determined can vary from state to state, but as the Missouri Department of Insurance, Financial Institutions, & Professional Registration explains, in this state most cases of fault determination after a car accident will begin with an auto insurance company’s investigation of the circumstances of the accident. Because the legal principle of comparative fault allows for a claimant’s right to compensation to be reduced in proportion to their degree of fault in the accident, if the investigating insurance company determines that a driver who has filed a claim was distracted at the time of the crash, the company may attempt to reduce their potential compensation accordingly – even if the driver was not the party primarily responsible for the accident.
Speak With a Missouri Auto Accident Attorney
If you have been involved in a motor vehicle accident, you may have a number of questions. One question car accident attorneys receive frequently is: “What is distracted driving?” Generally speaking, drivers and accident victims are curious about the definition of distracted driving because they anticipate that proof of driver distraction – whether their own, or that of another driver involved in the crash – may impact either their liability for the accident or the compensation they may be eligible to receive to cover the costs of damages. In either situation, speaking with an experienced car accident lawyer in your area may help you to gain a better understanding of the implications distracted driving may have for your own auto accident case. The Steelman Gaunt Crowley team offers free, no-obligation consultations for personal injury cases, so do not hesitate to call our office at (573) 341-8336 to set up your meeting with one of our seasoned auto injury lawyers.
