Distracted Driving Attorneys

Serving Kansas City, Independence, Blue Springs & Lee’s Summit

Distracted Driving Facts

Although there are many different types of distracted driving, for the purposes of this distracted driving article, I will outline four different points as to why using a cell phone to talk, text, or most other types of cell phone functions is more dangerous (and deadly) than drunk driving.

1. High Volume of Distracted Drivers

Given the proliferation of the cell phone within the last 6 years, there are considerably more drivers driving distracted than drivers impaired by drugs or alcohol. Recent data suggests that almost 10% of drivers are using a cell phone or manipulating a electronic device while driving at any given daylight moment.

Additionally, many traffic safety experts feel the number of distracted drivers will continue to grow. This is so because cell phone subscriptions continue to increase, especially for smart phones. Smart phones pose even more of a danger because of the variety of functions drivers can access. It should be noted that cell phone among drivers use is habit-forming and this contributes to the number of distracted drivers. This is supported by studies which show that more than 2/3 of the respondents to a AAA Foundation for Traffic Safety distracted driving survey indicated talking on a cell phone while driving within the previous 30 days.

2. No Legal Protections Against Distracted Driving

Although many states have now enacted distracted driving prevention laws, particularly laws that prohibit texting while driving, state highway patrol and police forces are finding it very difficult to enforce these distracted driving laws. First, it is often difficult to detect when someone is manipulating their phone. Thus, police are often hesitant to make a stop because ultimately the charge would be difficult to prove.

Secondly, in order to enforce anti-texting laws, police must be specially positioned to better observe texting drivers. The problem is that these sort of anti-texting enforcement campaigns are manpower intensive, and therefore too expensive when working with limited police budgets.

Finally, the fines for texting are relatively small and don’t create any sort of meaningful incentive for drivers to avoid texting while driving. Note that the reason why we have made such progress with drunk driving is that we are able to better enforce the law and the fines and penalties are very high.

3. No Reaction Time To Avoid A Collision

While drunk driving is very dangerous, depending upon the degree of intoxication, an impaired driver may have an ability to brake or take some other action to avoid or lessen a collision. Because a distracted driver has completely taken his or her eyes off the road, they ordinarily do not have any reaction time prior to collision. Because distracted driving collisions are violent, they are more likely to lead to serious injury or wrongful death.

4. Distracted Drivers Do Not Appreciate The High Risk

I think it is fair to state that most drivers appreciate the high risk of harm associated with drunk driving. However, drivers using cell phones do not feel that they are acting dangerously. In fact, a a study on distracted driving attitudes and behaviors revealed that while drivers overwhelming felt that texting while driving was dangerous, many drivers continue to engage in talking and texting behind the wheel.

It is interesting to note that, as passengers, almost all respondents to the survey would feel “very unsafe” if his or her driver was sending a text message while driving. The bottom line is that when risk is not perceived, the dangerous conduct will continue without restraint.

Contact Us

Our law firm handles these cases on a contingent fee basis which means the distracted driving accident attorney fee is a percentage of the total settlement or recovery. This arrangement works well for the client as he or she is able to focus on recovery without having to worry about the insurance claim  For case evaluation or referrals, contact Horn Law’s Lead Personal Injury Attorney Doug Horn. Call today or fill out our online contact form and we will get back with you within 24 hours.