Washington, D.C. Distracted Driving Accident Lawyers
Distracted driving is one of the leading causes of car accidents in the United States. According to the National Highway Traffic Safety Administration (NHTSA), nearly 300,000 people were injured and over 3,300 were killed in accidents caused by distracted driving in 2022. Cell phone use was a factor in 14 percent of all fatal car accidents nationally.
Injuries suffered in distracted driving accidents are typically severe. At the Law Offices of Duane O. King, we hold distracted drivers accountable for their negligent actions. If a distracted driver injures you, you deserve compensation for your medical expenses, lost wages, and pain and suffering. For over 20 years, our experienced distracted driving accident lawyers have advocated for the rights of injured motorists, securing millions of dollars in compensation for our clients.
What is Distracted Driving?
Distracted driving refers to operating a vehicle while engaging in any activity that diverts attention from the primary task of driving. This includes using a mobile phone, eating, drinking, talking to passengers, adjusting the car’s entertainment or navigation system, and other actions that take the driver’s eyes off the road, hands off the wheel, or mind off driving. Such distractions significantly increase the risk of accidents, as they impair the driver’s ability to react swiftly to changing road conditions, traffic signals, and unexpected obstacles. Distracted driving is a leading cause of car accidents, injuries, and fatalities, highlighting the critical need for drivers to maintain complete focus on the road at all times.
What Are Different Types of Distracted Driving?
Distracted driving can take many forms. The Centers for Disease Control and Prevention defines distracted driving as driving while engaging in any activity while driving that diverts attention from driving. There are three classifications of distractions:
- Visual: Any distraction taking your eyes off of the road
- Manual: Activities requiring you to take one or both hands off of the wheel
- Cognitive: Distractions that take your mind off of the act of driving
While the majority of distracted driving accidents involve cell phone use, many other activities and distractions lead to accidents, including:
- Eating, drinking, or smoking while driving
- Texting while driving
- Adjusting controls in the vehicle
- Using devices such as GPS
- Talking or arguing with passengers
- Personal grooming
- Attempting to pick up something from the floor
- Retrieving an object in the glove compartment
- Absent-mindedness and daydreaming
- Changing clothes while driving
- Distractions outside the car
Drivers must take proactive steps to minimize distractions while driving to help maintain safer roadways for everyone.
Why Is Distracted Driving Dangerous?
Driving safely requires full attention. Taking your eyes off the road for even a second can result in an accident, particularly if traffic comes to a stop or another motorist cuts in front of you. Texting is especially dangerous. It takes an average of five seconds to send a text. At 55 miles per hour, that equates to driving the length of a football field with your eyes closed. Thousands of people are killed each year in distracted driving accidents.
Even hands-free distractions can reduce reaction time. According to an American Automobile Association (AAA) Foundation for Traffic Safety study, hands-free talking and texting still pose a mental distraction and increase the risk of accidents.
Researchers found that drivers mentally distracted by a phone call or dictating texts required 18 percent more time to respond to brake lights. Any activity that takes eyes or attention off the road affects the ability to drive safely.
What Are Common Injuries in Distracted Driving Accidents?
Distracted driving accidents can be particularly devastating. Drivers who are not paying attention fail to brake, sideswipe another vehicle, run through intersections and stop signs, cross into other lanes, or speed. As a result, injuries are often severe.
What Are Washington, D.C.’s Distracted Driving Regulations?
In Washington, D.C., distracted driving is a factor in over 20 percent of car accidents and 16 percent of fatal accidents each year. Approximately 5,000 people per year are cited for texting, talking, or internet surfing while driving.
The District was among the first to implement cell phone restrictions and has some of the strictest distracted driving laws in the country. In 2004, the Distracted Driving Safety Act banned handheld cell phones and other electronic devices while driving, including computers, video games, pagers, and music players.
In 2012, primary enforcement of anti-texting laws was permitted, meaning police can pull drivers over for cell phone use while driving, even if no other traffic laws are being violated. Adult drivers are allowed to use hands-free cell phone functions and devices.
Bus and new drivers with learner’s permits cannot use devices, including hands-free. All drivers are allowed to call 911 or other emergency services but must be stopped to talk.
What Are the Penalties for Distracted Driving?
Distracted driving is a serious offense in Washington, D.C. Drivers who are cited for texting while driving can face fines up to $100 and one point on their license for each conviction, which can increase insurance premiums. In addition, drivers proven to have been texting at the time of an accident can be held liable for thousands of dollars in injuries and property damage.
What Evidence Can Be Used to Prove the Other Driver Was Distracted?
There are several different means to gather evidence proving the other driver was distracted at the time of the accident, such as:
- Police report
- Witness statements
- Video footage of the accident from traffic, security, or dashboard cameras
- Cell phone records
- Driver’s admission of guilt
- Physical evidence in the driver’s vehicle
To obtain certain evidence, such as cell phone records, your car accident lawyer may need to file a subpoena and issue letters requesting that records and evidence not be destroyed.
What Compensation Can I Seek After an Accident With a Distracted Driver?
Distracted driving is considered a willful and negligent act, which may entitle you to compensation for your economic and non-economic damages, including medical expenses, lost wages, disability, pain and suffering, emotional distress, wrongful death, and more.
In Washington, D.C., your entitlement to compensation is determined through the strict rule of contributory negligence, which bars you from recovering damages if you are even one percent at fault for the accident.
What Is the Process for Filing a Distracted Driving Claim?
Filing a personal injury claim for injuries suffered in a car accident is a fairly straightforward process and includes the following:
- Notifying the insurance company of the accident.
- Providing an attorney’s letter of legal representation to the driver’s insurance company.
- Assessing your damages and calculating the value of your claim.
- Issuing a demand letter to the insurance company requesting the total cost of damages.
- Negotiating with the insurance company to reach a mutually agreeable settlement.
- Moving to trial if settlement negotiations fail.
Although you are not required to hire a lawyer for a car accident claim, legal representation can help you fare much better and recover more compensation.
How Long Do I Have to File a Lawsuit?
The statute of limitations for filing a personal injury lawsuit in Washington, D.C. is three years from the date of the accident or death.
What Should I Do After a Car Accident With a Distracted Driver?
Any information you can gather at the time of the accident can provide powerful evidence supporting your injury claim. After an accident, you should:
- Report the accident and injuries to police.
- Exchange contact and insurance information with the other driver.
- Limit conversation and do not apologize or accept blame for the accident. Any comments you make can be used against you later.
- Take pictures of the scene, vehicle damage, injuries, and other relevant factors.
- Ask witnesses for contact information and statements.
- Seek medical attention as soon as possible to determine if you sustained dangerous internal injuries. The medical report documenting your injuries is also a crucial element of your injury claim.
- Keep all documents related to the accident.
- Hire an experienced Washington, D.C. distracted driving accident lawyer with an excellent record of recovering maximum compensation for clients.
How Can a Distracted Driving Accident Lawyer Help Me?
If you are injured in a car accident with a distracted driver, your focus should be on recovery, not pursuing legal action. At the Law Offices of Duane O. King, our Washington, D.C. distracted driving accident lawyers can handle all aspects of your case, including:
- Investigating the accident scene.
- Reviewing police reports.
- Estimating the value of your claim.
- Coordinating with your medical team regarding your healthcare needs.
- Interviewing witnesses.
- Hiring experts.
- Negotiating for maximum compensation.
- Representing you during trial.
Why Choose the Law Offices of Duane O. King
Choosing the Law Offices of Duane O. King after a distracted driving accident ensures you receive dedicated and experienced legal representation. With a deep understanding of the complexities involved in distracted driving cases, our team is committed to securing the best possible outcome for you. We offer personalized attention, guiding you through every step of the legal process, from gathering evidence to negotiating with insurance companies and representing you in court if necessary.
The Washington, D.C. Distracted Driving Accident Lawyers at the Law Offices of Duane O. King Help Injured Motorists Seek Compensation
If a distracted driver has injured you or a loved one, our seasoned Washington, D.C. distracted driving accident lawyers at the Law Offices of Duane O. King can help. Call today at 202-931-6252 or contact us online to schedule a free consultation. Located in Washington, D.C., National Harbor, Maryland, and Falls Church, Virginia, we serve clients throughout Prince George’s County, including Laurel, Beltsville, Adelphi, College Park, Greenbelt, Mitchellville, Woodmore, Greater Upper Marlboro, Springdale, Largo, Bowie, Capitol Heights, District Heights, Forestville, Suitland, Seat Pleasant, Clinton, Oxon Hill, Temple Hills, and Fort Washington.