How to Handle Distracted Driving Accidents With the Help of an Injury Lawyer

How to Handle Distracted Driving Accidents With the Help of an Injury Lawyer

Were you hit from behind because someone was paying more attention to their phone than the road? Did you sustain injuries because another driver decided their meal couldn't wait until they got to their destination? 

Distracted driving accidents are more common than you might think, and they often leave victims struggling with medical bills, lost wages, and severe emotional distress.

If you're dealing with a distracted driving accident, it's normal to feel overwhelmed and unsure of what to do next. You might wonder how you'll pay for your recovery or how to prove the other driver was at fault. That's where an experienced distracted driving lawyer can prove invaluable to your case.

Here's what you need to know about distracted driving accidents, why they happen, and how a Connecticut car accident lawyer can help.

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What is Considered Distracted Driving?

Distracted driving happens when a driver's attention is taken away from the road by something else. This distraction could involve their hands, eyes, or mind, causing them to go off course and act negligently. 

While many think cell phones are the primary culprit behind distracted driving, it's not the only cause.

The three main distractions while driving include:

  • Manual distractions involve taking your hands off the wheel, like eating, grooming, or reaching for something in the back seat.
  • Visual distractions occur when you divert your eyes from the road, like looking at a text message or rubbernecking during traffic.
  • Cognitive distractions occur when one's mind drifts and one loses focus, for example, while daydreaming or being lost in thought.

Connecticut has specific laws addressing some of these distractions. Under Connecticut General Statute § 14-296aa, drivers cannot use handheld phones while driving. 

Texting while driving is strictly prohibited, and novice drivers under 18 or school bus drivers are restricted from using any devices, even hands-free ones. Penalties range from $150 for a first offense to $500 for multiple violations.

Understanding what constitutes distracted driving can help you identify whether your accident was caused by a driver ignoring these rules. If a distracted driver injures you, a lawyer familiar with Connecticut's laws can determine your legal options.

Why Is Distracted Driving So Dangerous? | The Flood Law Firm

Distracted Driving Accident Statistics

Numbers paint a stark picture of how serious—and deadly—distracted driving accidents can be.

Here are some statistics to consider:

  • Distracted driving is responsible for nearly 1 in 5 crashes in the U.S., according to the National Highway Traffic Safety Administration (NHTSA).
  • The Connecticut Crash Data Repository has recorded 5,495+ distracted driving crashes annually since 2021.
  • Texting while driving increases your crash risk 23 times, according to the Virginia Tech Transportation Institute.
  • On average, a driver sending or reading a text takes their eyes off the road for approximately five seconds—equivalent to covering a football field at 55 mph without looking.

Statistics like these underscore why lawsuits and strict enforcement of distracted driving laws can keep our roads safer.

Types of Distracted Driving Accidents

Distracted driving can result in various types of accidents, each with unique consequences. Recognizing the nature of your collision can help you take the right steps toward holding the at-fault driver accountable.

Common accidents occurring due to distracted drivers include:

  • Rear-End Collisions: These accidents often happen when a driver looks at their phone or becomes distracted and doesn't realize traffic has slowed. This type of collision frequently results in whiplash and other severe injuries.
  • Head-On Collisions: A distracted driver who crosses the center line might cause a catastrophic head-on collision. These accidents lead to life-altering injuries or fatalities.
  • Intersection Accidents: Distractions like texting can cause drivers to run red lights or stop signs, resulting in T-bone or side-impact collisions. Due to the angles of impact, these accidents often have devastating effects.
  • Pedestrian and Cyclist Strikes: Distracted driving isn't just dangerous for other vehicles; it endangers pedestrians and cyclists, especially in areas where drivers fail to notice someone crossing the road.

No matter the type of accident, distracted driving is always preventable. If you were in an accident caused by a distracted driver, an experienced lawyer can explain how to move forward.

How Much Do Distracted Driving Accidents Cost?

Many victims don't realize just how expensive distracted driving accidents can be until it's too late. What seems like a minor bruise today could lead to long-term medical needs tomorrow. From the moment the accident occurs, the costs begin to pile up. 

Common expenses you may be on the hook for without the help of a lawyer include:

  • Medical Bills: Emergency room visits, follow-up appointments, surgeries, physical therapy, and prescription medications can quickly add up to tens or hundreds of thousands of dollars in Connecticut hospitals. This is especially true for accidents that cause traumatic brain injuries.
  • Lost Wages: If your injuries prevent you from returning to work immediately, you may lose days, weeks, or even months of income.
  • Property Damage: Repairs or replacement of your vehicle and other damaged belongings. The average cost to repair a damaged vehicle ranges from $500 to $5,000+. This figure is even more when the distracted driver causes a catastrophic accident that completely totals the vehicle.
  • Future Expenses: If you sustain a permanent injury, long-term care, rehabilitation, or modifications to your home can cost $25,000+ upfront and tens of thousands more in annual lifetime expenses.

According to the CDC, car accidents involving distracted drivers cost Americans billions annually. In addition to overwhelming expenses, a distracted driving accident lawyer may recover the compensation needed to cover your current and future damages.

Should I Hire a Distracted Driving Accident Lawyer?

Handling a distracted driving case on your own might seem like an option, but the reality is that it can be a long, complex, and frustrating process. Proving someone was distracted at the wheel isn't always straightforward, and insurance companies are known to downplay or outright deny claims.

Here are some challenges you may face on your own—and why hiring an attorney may prove to be an option better suited for your situation:

  • Proving Distraction: Distractions like texting often leave little physical evidence. However, a lawyer can subpoena phone records, retrieve surveillance footage, or gather eyewitness accounts to prove negligence.
  • Dealing with Insurance Adjusters: Insurance companies aim to protect their profits by offering low settlements. An attorney can counter their tactics and advocate for a fair payout.
  • Understanding Your Rights: Connecticut has specific laws governing distracted driving claims. A personal injury attorney understands these laws and can help ensure your case is handled properly.
  • Determining True Costs: Beyond immediate damages, a lawyer will assess long-term impacts like lost earning capacity or emotional trauma to ensure you're compensated fairly.

Hiring a lawyer not only lifts the burden of legal complexities off your shoulders but also increases your odds of securing the compensation you deserve.

What To Do After a Distracted Driving Accident

What you do after a distracted driving accident can greatly influence your case. After tending to your injuries, protect your rights and your ability to seek compensation.

Here's what you should do in the days, weeks, and months after the crash:

  • Seek Further Medical Attention: Even if you feel fine after the accident, injuries like whiplash might appear later. Visiting a doctor creates a medical record that can support your claim.
  • Contact a Lawyer: Before speaking to insurance companies or sharing information about the incident, consult a distracted driving car accident lawyer who will represent your interests.
  • Avoid Social Media: Posting about your accident can be used against you. Even innocent updates might be twisted to undermine your case.
  • Document Everything: Save medical records, photos of the accident scene, witness statements, and other pieces of evidence.
  • Forward Communications: Leave all negotiations to your lawyer to avoid the risk of admitting fault or undervaluing your claim.

By following these steps, you'll safeguard your health and strengthen your case.

how common are distracted driving accidents?

Frequently Asked Questions About Distracted Driving Accidents

How do I prove the other driver was distracted?

Proving distracted driving is challenging because many distractions don't leave obvious evidence. Witness statements, phone records, or surveillance footage may be used to establish negligence. However, obtaining and presenting this evidence isn’t always easy when dealing with accident injuries.

A lawyer can gather the necessary evidence to build a strong case.

What if the distracted driver denies fault?

It's common for at-fault drivers to deny responsibility, especially in accidents involving distractions. Without solid evidence, their insurance company may side with them to avoid paying out a claim. Working with a lawyer ensures someone is on your side to investigate thoroughly and challenge these denials with facts.

Can I file a claim even if my injuries seem minor?

Even seemingly minor injuries can have long-term effects or worsen over time. A lawyer can evaluate your situation, consider future medical needs, and ensure you don't underestimate your claim's value. Without professional guidance, you might leave money on the table that you'll need later.

Do I need an attorney if the insurance company offers a settlement?

Insurance companies often aim to settle quickly and for the lowest amount possible. While it might seem like a relief to accept their offer, it's hard to know if you're being fairly compensated without understanding the full value of your case. An attorney can review the settlement and negotiate for what you truly deserve.

What if I was partially at fault for the accident?

Connecticut follows a comparative negligence rule, which means you may still recover compensation even if you were partially at fault. However, the compensation might be reduced based on your percentage of responsibility. A lawyer can analyze the specifics of your case, work to minimize the fault assigned to you, and pursue the maximum possible recovery.

The Flood Law Firm | Experienced Personal Injury Lawyers Ready to Help

Distracted driving accidents aren't just statistics—they're life-altering events for anyone involved. Whether you're grappling with medical bills, struggling with lost wages, or mourning the loss of a loved one, you don't have to face these challenges alone.

The attorneys at The Flood Law Firm are here to help. With extensive experience handling distracted driving cases, our team can help analyze the facts, negotiate with insurers, and take your case to court if necessary. We aim to secure the maximum compensation for your injuries, losses, and suffering.

Contact us today for a free case evaluation. No fees. No obligations. Just honest advice and the help you need to start moving forward. Don't wait—your legal rights and potential compensation may be affected by strict deadlines. Together, we'll fight for the justice and peace of mind you deserve.

Brian Flood

Partner

Brian has dedicated his entire legal career to helping accident victims. By choice, he has never represented the interests of an insurance company.

Author's Bio

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