In 2020 alone, 3,142 lives were lost due to distracted driving. That’s an average of 9 people in the United States dying every day in crashes involving a distracted driver.
Sadly, this preventable behavior is one of the most common causes of car accidents in the U.S. each year.
According to the Centers for Disease Control and Prevention (CDC), the 3 main types of driving distractions are:
- Your eyes aren’t on the road.
- One or both of your hands are off of the wheel.
- Your mind is somewhere other than the road.
Texting while driving incorporates all 3 of these issues. Your eyes are looking at your phone, one or both hands are off the wheel, and your mind is on the text message—not the road or cars in front of you.
The CDC’s website describes texting and driving this way:
“Sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed.”
In addition to texting while driving, other forms of distracted driving include:
- Using the radio or navigation system
- Eating or drinking
- Talking to people in the car
- Interacting with children or pets
- Reaching for something in the seat next to or behind you
Basically, anything that diverts your attention away from the road is a potential hazard.
Is texting while driving illegal?
Each state has its own set of laws for texting and driving. Montana is the only state in the U.S. that doesn’t have a statewide law banning or restricting cell phone usage while driving.
The Montana legislature has put forth 2 different bills in recent years to ban or restrict the use of cell phones while driving. One bill in 2015 came within 1 vote of passing, but as of yet, no law banning cell phones has been adopted into law in Montana.
A bump on the head is one thing; it’s a different story when it’s considered a catastrophic injury. These types of injuries occur without warning and affect victims for the rest of their lives.
What to do if you’re in an accident with a distracted driver
If you’re in an accident with a driver who was on their phone or otherwise not paying attention to the road, here’s what you should do immediately following the incident:
- Check for injuries. Make sure you’re not hurt. Some injuries may not show right away, so be extra cautious and pay attention to your body as you begin to move around.
- Call the police. No matter how minor the accident may be, always report it to the police. A distracted driver may want to exchange contact information and avoid calling the police, but don’t let them persuade you. A police report can help support your claim when you go to file it with your insurance and can ensure you receive the best outcome possible.
- Take pictures. Most phones have built-in cameras, so take pictures of the scene if possible. Be sure to include all angles and include even minor scratches or dents. Don’t forget pictures of the road conditions too. These can be essential to your case.
- Move to somewhere safe. If you’re at a busy intersection or on the highway, try moving to a safe place on the side of the road.
- Collect witness statements. If there were bystanders who saw the accident occur, ask them to write a statement and sign it. Also, ask if they’d be willing to share their contact information with you in case you or your lawyer needs to get in touch with them later.
- Get the other driver’s information. This should include their name, address, phone number and insurance information. Write it down or keep it in your phone’s notes app. Make sure you don’t lose or misplace this information.
- Seek medical attention. After you’ve obtained a copy of the police report, gathered all your evidence and exchanged information, go to the nearest emergency room. Even if you don’t see any signs of injury, you could have an injury such as whiplash or a concussion that isn’t always apparent immediately after an accident.
Establishing that your injury was the direct result of your accident is vital if you want to obtain fair compensation. Make sure to keep a copy of the receipt and any notes from the treating physician.
Consult a Montana car accident attorney
This could be one of the best decisions you ever make. An experienced car accident attorney can help you get the most out of your claim and navigate any legal hurdles. They can explain the entire process to you and negotiate with the insurance company on your behalf to get you the best settlement possible.