Distracted Driving Accidents
Distracted driving is one of the main causes of motor vehicle collisions in Texas and throughout the U.S. In 2015, the National Highway Traffic Safety Administration published a report that cited “Recognition Error”—which includes inattention as well as internal and external distractions—as the most common driver error that leads to crashes. If you or someone you love has been struck by a distracted driver, San Antonio car accident attorney Jeramie Gertz can assist you in pursuing a personal injury case. He represents victims throughout Bexar County and the surrounding areas.What Type of Behavior Constitutes Distracted Driving?
For one reason or another, many drivers decide to do something that splits their attention between driving and another activity. Some examples include:
- Adjusting the audio system, GPS, sunroof, windows, or interior climate controls;
- Trying to read or type a message on a mobile device;
- Accessing websites or using an app on a mobile device;
- Trying to look at a map or read directions;
- Talking to other passengers in the car or to someone on the phone;
- Trying to get children in the back of the car to behave or quiet down;
- Trying to eat a fast-food meal or drink a cup of coffee;
- Trying to groom oneself in the rear-view mirror; or
- Gawking at a billboard, store window, bumper sticker, pedestrian, or something else away from the road that catches their attention.
If a driver who is distracted ends up causing a crash as a result of his or her lack of attention, that driver may be liable to anyone else who is injured in the collision, whether that person is another driver, a pedestrian, a cyclist, or even a property owner if the driver crashes into a building or another structure. These claims are usually brought under the theory of negligence.
Specifically, negligence requires proving four distinct elements. The defendant must have owed a duty of care to the plaintiff, the defendant must have breached the duty of care, the breach must have caused the crash, and the plaintiff must have incurred damages.
Each driver has a duty to everyone else around them to use reasonable care in the operation of a vehicle. Thus, if a distracted driver causes a collision, any party that is injured may bring a negligence action against that driver, and the victim likely will be able to recover compensation if he or she can prove all four negligence elements. Common forms of compensation include medical costs, pain and suffering, loss of income and earning capacity, property damage, and any other economic and non-economic harm that resulted from the driver’s carelessness.Contact a Knowledgeable San Antonio Attorney after a Car Accident
People who have been injured by the carelessness of others behind the wheel have legal rights to assert. San Antonio car accident lawyer Jeramie Gertz can assist you in exploring your options. To find out if you may have a case, call us at 210-807-4444 or use our online form to set up a free consultation with an injury attorney. Based in Bexar County, Mr. Gertz also can assist injured individuals in Maverick, Medina, Guadalupe, Comal, Kendall, Bandera, and Atascosa Counties.