Layton Distracted Driving Accident Lawyer
Any situation that averts a driver’s attention away from the road for even a moment—such as an incoming text or a change in the GPS navigation system—is considered distracted driving. Today, distracted driving is a widespread problem that raises a significant risk to others on the road. In fact, distracted driving has blossomed into such an extensive concern that the National Highway Traffic Safety Administration (NHTSA) labeled it a “deadly epidemic.” In 2019, 3,142 people died in motor vehicle crashes involving distracted drivers.
Fortunately, if a distracted driver’s negligence caused damage to you or your property, you may be eligible to file a claim against the at-fault party. Contact a Layton distracted driving accident lawyer at Feller & Wendt, LLC, to discuss your options as soon as possible.
Common Causes of Distracted Driving in Utah
One of the most dangerous forms of distracted driving involves texting, calling, or otherwise using a phone while the vehicle is in motion. As technology becomes more prevalent in today’s society, many are becoming addicted to their phones. When the “ding” that signifies a notification illuminates a phone, some have an involuntary reflex to respond. Looking at or sending a text distracts a driver for an average of 4.6 seconds, which is the equivalent of driving the entire length of a football field at 60 miles per hour. In this case, drivers who text and drive are as dangerous as those driving twice the legal speed limit.
To combat distracted driving, Utah has some of the most severe punishments for texting and driving in the United States. Utah law prohibits texting and driving or using a handheld phone in any way while the vehicle is in motion. Police officers have the legal right to pull an individual over when they’re texting and driving, even if they’re not breaking any other traffic laws.
Utah courts can also fine drivers caught texting and driving up to $750 and sentence them to up to three months in jail. Likewise, if a victim dies as the direct result of an at-fault individual who was texting and driving, the driver can be fined up to $10,000 and spend up to 15 years in prison.
However, while distracted driving is often associated with texting and driving, many other activities can take a driver’s eyes off the road, hands off the wheel, or mind off the complex task of driving. Here are a few:
- Eating and drinking
- Adjusting the music
- Watching videos
- Reaching for objects inside the vehicle
- Personal grooming
- Adjusting or programming a navigation system
- Putting on makeup
- Talking to passengers
- Attending to children
Although distracted driving certainly is not a new dilemma, it’s one that has evolved and risen in severity in the age of technological innovation. Cell phones are perhaps the most troublesome form of driver distraction because using a cell phone demands the driver’s visual, cognitive, and manual attention.
Proving Liability in Distracted Driving Accident Claims
As the plaintiff, there are many ways in which you may be able to prove that the defendant was distracted at the time of the accident. To determine liability, you must show that the defendant was distracted when the accident occurred, the accident would not have been as severe if the defendant had not been distracted, and the resulting accident caused your injury.
For example, your lawyer may rely on eyewitness testimony or video evidence. They may also choose to investigate the at-fault driver’s billing records to identify whether they made a call or sent a text at the time of the accident. You can also show that the driver was taking part in a distracting activity with witness statements.
Proving that distraction increased the severity of the accident can be difficult. There are three steps that you and your Layton distracted driving accident lawyer may take to show the court that the defendant’s distracted driving affected the accident:
- Use evidence from the crash to show the defendant’s response time
- Compare the defendant’s response time in the accident to the response time of other drivers involved in similar situations
- Determine whether the more standard response time would have affected the accident
If you can prove that the driver’s distraction intensified the accident and caused your injuries, you may be able to get compensation. To learn more, speak with a Layton accident attorney experienced in distracted driving claims.
Contact a Skilled Layton Distracted Driving Accident Attorney Today
If you or a loved one has suffered injuries in a car accident with a distracted driver in Utah, you may want to pursue a claim. The car accident lawyers at Feller & Wendt have experience in Layton distracted driving cases. We treat all our clients like family, giving them attention and care and doing all we can to get them fair compensation. Call Feller & Wendt at (801) 499-5060 or contact us online for determined and devoted representation in your distracted driving claim.