November 7, 2024 | Car Accidents
Virtually every driver on the road in Oklahoma has a smartphone with them in the vehicle. An unfortunate consequence of this is that distracted driving is on the rise. It is a big problem. The number of distracted driving accidents in Oklahoma has increased over the last five years. Within this article, our Oklahoma City auto accident lawyer explains why distracted driving is so dangerous, why public safety officials believe it is on the rise, and what you can do after a crash.
Distracted Driving is Dangerous Driving
Distracted driving is extremely dangerous. It can be as dangerous—or even more dangerous—than intoxicated driving. When a driver’s attention strays from the road, even for a brief moment, the risk of an accident spikes. Some of the most common distractions include eating, putting in GPS directions, or talking with passengers. However, the most hazardous distractions typically involve electronic devices. Texting, browsing social media, or using apps diverts visual, manual, and cognitive attention away from the road. It is a trifecta of distractions that prevents safe driving.
Why Distracted Driving is On the Rise
The data is clear: Distracted driving is on the rise. According to research cited by the Claims and Litigation Management Alliance, “distracted driving occurrences have increased an average of 30% per mile from 2019 to 2023.” It is a truly alarming figure and a nationwide problem. While more research is still being conducted on this issue, a major source of the problem is well-known: The surge in distracted driving incidents can be largely attributed to smartphones. The constant stream of notifications tempts drivers to check messages or emails, even while on the move. It is never safe to use a phone or any other handheld electronic device while driving.
A Distracted Driver Can Be Held Liable for an Accident
Oklahoma is a fault-based motor vehicle accident state. A negligent driver who causes a crash can be held legally responsible for the resulting damages. Notably, distracted driving is negligent driving. A driver who operates a motor vehicle while distracted is putting everyone who is on or near the road at risk, including themselves, their passengers, other drivers, and pedestrians.
How to Prove Distracted Driving After a Crash in Oklahoma
As the victim of a distracted driving accident in Oklahoma City, you have the right to hold the distracted driver—and their insurance company—accountable. You may be wondering: How do I prove liability in a distracted driving accident claim? As with other types of crashes, the key to bringing a successful case lies in the evidence. You will need to prove that the other motorist was actually distracted. Relevant evidence may include:
- A Police Report: Officers responding to the accident scene may note signs of distracted driving in their reports—such as the driver admitting to using a phone. In some cases, law enforcement may even issue a traffic citation.
- Witness Statements: Bystanders or other drivers may have observed the at-fault driver texting, talking on the phone, or engaging in other distractions. A witness statement can be a powerful form of evidence.
- Cell Phone Records: These can show if the driver was sending texts or making calls around the time of the accident. A subpoena may be necessary to obtain these records. Your Oklahoma auto accident lawyer can help you take action to get relevant records.
- Surveillance Footage: Traffic cameras or security cameras from nearby businesses might have captured the driver’s behavior before the collision. In some cases, traffic footage may be relevant evidence.
- Admissions: While it certainly does not always occur, the at-fault driver may admit to being distracted when speaking to the police or others at the scene. Even if they change their story later in the claims process, the initial admission is very much relevant evidence.
Why Trust Our Oklahoma City Distracted Driving Accident Lawyer
Distracted driving accidents can lead to serious, even life-altering injuries. As the aftermath of an accident can be challenging, it is imperative that you have a reliable advocate on your side. Kent McGuire and Linda McGuire fight for justice for injured victims. It is our mission to help you secure the absolute maximum compensation, including for any non-economic losses.
Contact Our Oklahoma City Distracted Driving Accident Lawyer Today
At McGuire Law Firm, our Oklahoma City auto accident lawyers have the skills, knowledge, and expertise to take on distracted driving accident claims. Hurt in a crash with a distracted driver? We can help. Contact us right away for your no-cost, no-obligation initial case review. We represent distracted driving accident victims throughout the region from our office in Oklahoma City.