[retweet]The dangers of distracted driving can be catastrophic. In an area with heavy pedestrian traffic, a driver that fails to pay attention puts pedestrians at risk of severe harm or even death. Distracted driving is a form of negligence. Thus, if a distracted driver causes an accident, legal action may be warranted.
What Is Distracted Driving?
Any activity that causes a driver to stop paying attention is considered a distraction. If the driver is moving at 55 MPH and stops paying attention for only five seconds, the distance covered while distracted equals that of a football field. This distance provides an alarmingly high number of opportunities for potential harm to others in a very short amount of time. Examples of distracted driving may include but is not limited to:
- Texting or talking on a cellphone
- Changing the radio station
- Operating a GPS
- Eating
- Grooming
- Interacting with other passengers in the car
- Reading a map
The Duty of Reasonable Care
All drivers assume a duty of reasonable care. This means that they are legally expected to operate a vehicle with the same standard of care expected of other drivers. When driving in an area where children are likely to be present, even more caution needs to be exercised since young children are unpredictable and do not have the ability to ascertain a potentially dangerous situation.
Being struck by a moving vehicle can result in severe physical injuries for a pedestrian. This is largely due to the vulnerable position the pedestrian is in without the protection of his or her own vehicle around them. Severe physical injuries can cause a victim extreme pain and emotional distress, put them at risk of permanent disability, and keep them from returning to work. Common injuries include:
- Severe lacerations
- Internal bleeding
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Death
Proving Distracted Driving
A victim will need to prove that the driver caused the accident due to distracted driving. This can be through the driver’s own admission of guilt, an eyewitness, or from a police report. If found negligent due to distracted driving, the driver can be expected to pay for the victim’s medical expenses and/or other related damages.
Legal Action
If distracted driving caused a pedestrian to be harmed in a car accident, then the victim may want to contact the Gladstein Law Firm. Experienced in car accident law, the Gladstein Law Firm can determine if distracted driving caused the victim’s physical injuries and determine the best course of action for seeking compensation.
If you have been injured in a distracted driving accident, call today or use our online contact form and the Gladstein Law Firm will contact you about your claim. If negligence caused your injuries, Gladstein Law Firm will handle the case while you focus on healing.
