Distracted driving seriously or fatally injures thousands of innocent people every year. The spread of modern technology has only worsened this problem, as more drivers than ever are distracted by phone conversations, text messages, and apps.
If you were injured in a Maine distracted driving crash, you may have the right to claim compensation for your losses. Contact the distracted driving accident attorneys of Mann Law for a free consultation to find out more.
According to the Centers for Disease Control (CDC):
In 2018 alone, an estimated 400,000 people were injured and nearly 3,000 people were killed in crashes involving distracted drivers in the U.S.
Approximately 20 percent of the people who are killed in distracted driving accidents are non-vehicle occupants, such as pedestrians and bicyclists
25 percent of distracted drivers involved in fatal crashes in 2018 were young adults between the ages of 20 and 29
Drivers between the ages of 15 and 19 were more likely than older drivers to be distracted in fatal distracted driving crashes
Here in the state of Maine, the Maine Department of Transportation reports:
From 2013 to 2017, there was an average of more than 3,000 distracted driving crashes in Maine per year
More than eight people died each year as a result of distracted driving accidents in Maine
For every 1000 distracted driving crashes in Maine, approximately 2.5 people are fatally injured
There are many different actions and behaviors that can contribute to distracted driving, but some of the most common causes include:
Texting, talking, or using apps on a cell phone
Interacting with passengers or assisting young children
Eating or drinking behind the wheel
Reading, scanning maps, or watching videos
Checking the mirror and personal grooming
Adjusting controls on the radio, GPS, and other devices
Rubbernecking or focusing on other external distractions
Many of us are so used to the task of driving that we forget how much focus and attention is needed to ensure our safety and the safety of others. Safe driving requires constant awareness of your vehicle, your surroundings, and other drivers around you.
Since the human brain is not wired for multitasking, this means distractions can compromise our attention to the point that we are not capable of driving safely.
Many studies have demonstrated that driving while engaged in other non-driving tasks leads to poor driving performance and increases your risk of having an accident.
For example, researchers at the CDC have determined that reading or sending a text message takes a driver’s eyes away from the road for an average of five seconds.
This may not sound like much until you consider the fact that five seconds is enough time to travel the length of a football field at just 55 miles per hour.
Distracted driving accidents can cause painful injuries that affect victims for months or even years. Some of the most common distracted driving injuries include:
Traumatic brain injuries
Whiplash and other neck, back, and shoulder injuries
Bone fractures in the arms, legs, ribs, and other body parts
Cuts, scrapes, and bruises from the force of impact or projectiles
Internal bleeding from puncture wounds or abdominal trauma
Herniated discs, muscle strains, and other back injuries
Heat, chemical, and friction burns from spills or road rash
Post-traumatic stress disorder and other emotional injuries
In most cases, the compensation that’s available in a distracted driving claim is meant to cover the costs you incur as a result of your accident-related injuries and property damage. This means you can estimate the value of your distracted driving claim by calculating:
Your past and current medical expenses, including surgical bills, hospital stays, and ambulance rides
Potential future medical expenses, if you and your doctor agree that your injuries will likely require long-term care
Lost wages, if you were forced to miss time at work while you recovered
Lost future earning potential, if your injuries left you with a long-term disability that prevents you from returning to your usual work
The subjective costs of the pain, suffering, and psychological anguish you endured as a result of your injuries
If you were injured in a Maine car accident caused by a distracted driver, you will need to show evidence that the other driver was at fault to recover compensation for your claim.
With the help of a knowledgeable lawyer, you can present the following types of evidence to demonstrate that the other driver was distracted at the time of the crash:
Police accident reports, which often contain the responding officer’s initial investigation regarding the cause of the crash
Cell phone records from the other driver, which could show text messages, phone calls, or social media activity at the time of the accident
Photographs or video footage from the accident scene, which may contain images of the other driver talking or texting just before the wreck
Statements from the other driver, other vehicle occupants, or eyewitnesses who may have seen the other motorist operating their vehicle while distracted
Statements from accident reconstruction specialists who may be able to use their expertise to determine the likely causes and effects of the collision
The most common forms of driver distraction in Maine car accidents include texting and cell phone use, adjusting navigation or entertainment systems, eating or drinking while driving, reaching for objects in the vehicle, and conversational distraction with passengers. Any activity that diverts a driver’s attention from the road can cause a serious crash.
Cell phone records are typically obtained through a formal legal discovery process, which allows your attorney to subpoena records from the carrier documenting call and text activity at the time of the crash. Acting promptly is important because carriers may retain these records for only a limited period.
Yes. Emotional distress, anxiety, post-traumatic stress, and other psychological consequences of a serious car accident are recognized as non-economic damages under Maine law. These harms are recoverable in addition to compensation for medical expenses, lost income, and physical pain and suffering.
If the at-fault driver was using a company-issued phone for work purposes when the accident occurred, the employer may share liability for the crash under the legal doctrine of respondeat superior. This can significantly increase the total compensation available to you if the driver’s individual insurance limits are insufficient.
No matter how minor or complicated your distracted driving case, the knowledgeable attorneys at Mann Law are here to help. Our team has more than 20 years of experience serving accident victims throughout Maine, and we pride ourselves on our ability to achieve positive results for even the toughest cases.
We provide free initial consultations at no obligation to you, and we never charge up-front or out-of-pocket fees to take action for your claim. Contact us today to discuss the details of your case with a compassionate distracted driving accident lawyer.
