Understanding Distracted Driving Laws

On Behalf of The Andres Lopez Law Firm , PA | November 6, 2024 | Uncategorized

These days, most people don’t leave their homes with their cell phones at hand. But when a person gets behind the wheel, it’s essential that they put their full attention on the road. When a driver is distracted, they are putting everyone on the road at risk. Knowing what distracted driving means for your personal injury case is important as an automobile accidents lawyer can attest.

Types Of Distracted Driving Laws

Texting Bans

The first laws addressing texting while driving began appearing in 2007 as the issue became increasingly prevalent. As of 2024, 49 states and the District of Columbia have banned texting while driving. Montana is the only state without a texting ban, and Missouri’s ban only applies to drivers under 21. Studies on texting legislation show an overall decrease in cell phone use by drivers, but the impact on the number of crashes is mixed. Some states see no change in the crash rate, and others see an increase.

Hand-held Bans

A hand-held device refers to computers small enough to hold and operate by hand, such as cell phones and tablets. Thirty-four states ban the use of all hand-held devices, and 28 of those laws apply to all drivers. Importantly, hands-free devices are exempt from this category, so drivers can take phone calls via Bluetooth.

Youth Driver Restrictions

In 2021, drivers aged 20 and under made up just 5.1% of all licensed drivers yet accounted for 8.5% of fatalities. Teen drivers are not only at risk from lack of experience but are also more likely to be distracted by cell phones than drivers of other age groups as our friends at Maginnis Howard know all too well.

Understanding Distracted Driving

Determining the cause of an accident is straightforward when it involves apparent factors such as inclement weather, impaired drivers, or road hazards. However, distracted drivers, especially those using cell phones, may not admit they were distracted. Much of the available data from reputable sources like the National Safety Council and the National Highway Traffic Safety Administration (NHTSA) note that their information is self-reported.

After An Accident

Depending on the severity and speed of the crash, you may not be able to complete each step. However, it’s important to do what you can to protect yourself and others from further harm and safely collect information that could be important for your case. Here are some general guidelines to remember after an accident:
  1. Stay Calm And Assess the Situation: Try to remain calm while you assess yourself and others for injuries.
  2. Move To Safety: If possible, move your vehicle to the side of the road to avoid blocking traffic and to keep everyone safe.
  3. Call The Police: Even for minor accidents, it's crucial to have a police report. They can help manage the situation and document essential details.
  4. Exchange Information: Get the contact and insurance information from the other driver(s) involved. This includes names, phone numbers, addresses, license plate numbers, and insurance company details.
  5. Document The Accident: Take photos of the accident scene, including all vehicles involved, damage, and relevant road signs or signals.
  6. Seek Medical Attention: Even if your injuries are relatively minor, consult a trained medical professional to ensure you are appropriately treated.
  7. Contact A Car Accident Attorney: An experienced personal injury attorney will be able to assess your case and argue the other driver’s liability.
Drivers may do their best to ensure they are not distracted. However, others on the road may not follow that same principle. If you or a loved one have been involved in an accident where the other driver was distracted, contact a lawyer near you for help.