As reported by the National Highway Transportation Safety Administration, sending or reading a text message can take your eyes off of the road for 5 seconds and if you are traveling at 55 mph, it is similar to driving the length of a football field with your eyes closed. Distracted driving is not limited to texting, however; it can also include making cell phone calls, sending emails, using a navigation system, eating and drinking, interacting with other passengers, and any other activity that diverts a driver’s attention away from operating his or her vehicle. If you have been injured in an accident caused by a distracted driver, contact a Kentucky distracted driving accident lawyer at Gary C. Johnson, P.S.C., to review your claim.
Under Kentucky law, texting while driving is prohibited and drivers under the age of 18 may not use a cell phone at all while driving. Depending on their licensing phase, teenage drivers in Kentucky may have restrictions related to driving at night and carrying non-family member passengers. Even when certain distractions such as eating or putting on makeup are not prohibited while driving, evidence of driving distractions may help to prove fault in car accident cases.
Our Kentucky distracted driving accident attorneys will work to collect any data available related to driving distractions in order to strengthen our clients’ cases. They will obtain cell phone records including call logs, search history, and messaging. They will find and interview witnesses and look for existing accident footage that may have been recorded on nearby home or business cameras. They will also review social media activity to see if the driver’s accounts were active at the time of the accident.
As mentioned above, proving that a driver was distracted does not necessarily mean that he or she was at fault for the accident, but it may help to strengthen your case against the driver. Depending on the type of insurance you and the other driver had at the time of the accident, fault may or may not be an issue when it comes to recovery, but in many cases, proving that the other driver was at fault opens up your recovery options. The extent of your injuries and damages also plays an important role when it comes to the value of your claim. Often the more serious your injuries and damages are, the more your claim is worth and this is especially true when your injuries are long term and debilitating. In cases of fatal distracted driving accidents, the deceased’s family members may be awarded financial compensation under a wrongful death claim.
Finding an experienced distracted driving accident lawyer who understands Kentucky law and the issues present in distracted driving claims is important when you or a loved one has been injured in a car accident. Contact an attorney at Gary C. Johnson, P.S.C., to discuss your claim and recovery options.