Distracted to death: The fatal consequences of negligent driving

On Behalf of | Jan 25, 2017 | Motor Vehicle Accidents - Plaintiff

If you lost a loved one due to the negligent actions of another driver, it is very possible that distraction played a role in the fatal accident. You want answers and support, yet you may not know where to turn when dealing with the financial fallout that often accompanies a wrongful death. In these difficult times, you need to know where to go for help and how you can seek any compensation to which you may be entitled.

Why is distracted driving so dangerous?

Not only is distracted driving a problem in Ohio, it is an epidemic that affects every part of the country. With more drivers having access to in-car technology and more people with smartphones than ever before, distracted driving is one of the leading causes of car accidents. There are three types of distraction:

  • Cognitive: Cognitive distraction involves anything that affects a driver’s concentration. Even with both hands on the wheel, if the mind is somewhere else, it can lead to serious accidents.
  • Manual: Manual distraction occurs when a driver removes one or both hands from the wheel, whether it is adjusting the radio or answering the phone.
  • Visual: This type of distraction can occur even when a driver has both hands on the wheel. If a driver is looking at something besides the road, whether it is another passenger or an interesting billboard, it is extremely dangerous.

Texting is the most common type of distracted driving and one of the most dangerous as it involves all three types of distraction. In addition to texting, more young drivers are prone to visual, cognitive and manual distraction due to using certain social media applications, such as Snapchat or Twitter, while behind the wheel.

The elements of a wrongful death claim

Is a distracted driver responsible for the death of your loved one? While there is nothing you can do to reverse what happened, it is still possible to hold the liable parties accountable and recover your financial losses. Despite what many victims and families may think, it is possible to bring a suit against a driver for a fatality caused by distraction.

In addition to bringing the civil claim within the applicable statute of limitations, a strong case begins by obtaining phone records, documenting witness accounts and analyzing evidence from the accident scene. The loss of a loved one is devastating, but you have the right to legal recourse in order to secure justice for your grieving family.