More Than 40 Years Of

Legal Experience

Photo of John E. Lange III

This is an Advertisement

  1. Home
  2.  » 
  3. Injuries
  4.  » Did distracted driving cause your car accident?

Did distracted driving cause your car accident?

On Behalf of | Dec 15, 2023 | Injuries

Distracted driving continues to remain a major problem in Kentucky and throughout the country. It is one of the main causes of serious or fatal car accidents.

The National Highway Traffic Safety Administration estimates that almost 80% of accidents and 65% of near-accidents involve some type of distraction within just three seconds before the crash. These statistics are especially alarming considering that by now everyone should know how dangerous it is to drive distracted.

Kentucky’s distracted driving laws

Like many states, Kentucky has enacted laws against distracted driving. Kentucky law prohibits all drivers from using a personal communication device, usually a cell phone, to write, read or send an email or text message while driving a car that is in motion.

The use of any cell phone is prohibited for all drivers under the age of 18. There are some exceptions to these laws, including using a cell phone to call the police or public safety, call for emergency medical help, report a crime or illegal activity or use a GPS system.

Not all distractions involve a cell phone. There are many other forms of distracted driving. Eating, drinking, talking to a passenger or looking out your window at your surroundings are considered distracted driving. Having children or animals in your vehicle also increases the chance of distracted driving.

When you are the victim of an accident and believe the other driver was distracted, you have a right to compensation through a personal injury action.

Ways to prove another driver was distracted

Personal injury claims are based on the legal concept of negligence. Distracted driving is negligent driving, but it could be challenging to prove the other driver was distracted.

There are potential ways to prove the distraction. Obviously, if the other driver admits that they were focusing on something else besides driving, such as texting, this is strong evidence of distraction.

You can subpoena the driver’s phone records and look for evidence that they were making or receiving a call or text at the time the accident occurred. There might be witnesses to the accident who can testify to seeing the other driver’s distraction. Photos or videos from surveillance cameras can also be valuable pieces of evidence to prove distraction.

Comparative negligence

Kentucky has a comparative negligence law. This means even if you prove the other driver was distracted and caused the accident, the amount of any compensation you are awarded could be reduced by your own percentage of fault.

For example, if you seek $100,000 in damages from the accident, but a court determines that the other driver was 50% at fault for the accident by being distracted, but you were 50% at fault because you were speeding, you would only be awarded $50,000.

Being injured in a distracted driving accident can affect your physical, mental and emotional health. You may feel overwhelmed after the accident and not know where to start.

The personal injury claim process can be complex but it is important to help you hold the other driver accountable and get the compensation you need so you can focus on healing and moving forward.