Distracted Drivers One of the Biggest Safety Risks on the Road
According to the National Highway Traffic Safety Administration, distracted drivers are the number one cause of accidents on American roadways, accounting for 80percent of all accidents.

January 01, 2010 /24-7PressRelease/ -- Distracted Drivers One of the Biggest Safety Risks on the Road

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Distracted Driving Number One Cause of Car Accidents

According to the National Highway Traffic Safety Administration (NHTSA), 80 percent percent of all motor vehicle accidents can be attributed to the acts of a distracted driver. Closer to home, the Department of Public Safety (DPS) estimates that distracted drivers were responsible for 15 percent of all fatal car accidents in Minnesota from 2005 to 2007. During this same time period, 240 people died and more than 1100 were seriously injured in accidents where driver distraction was a factor.

However, it is likely that distracted drivers have been responsible for more deaths and injuries than these numbers reflect. Both the NHTSA and DPS agree that these statistics are likely to be artificially low and that the true number of accidents caused by driver distraction is likely to be much higher.

Texting, Cell Phone Use: Deadliest Types of Distraction

Cell phones and text messaging are two types of driver distractions that are receiving a lot of attention these days at the state and national level - and for good reason. In a study conducted by the Virginia Tech Transportation Institute (VTTI), it was discovered that texting while driving is a more dangerous activity than talking on a cell phone or drinking and driving. In fact, drivers who type, read and send messages while behind the wheel have a 23 times greater chance of being involved in a car accident than non-distracted drivers. Comparatively, drivers who drink and drive or use a cell phone while driving only have a four times greater risk of being in a car accident.

In response to the growing concern over drivers being distracted by cell phones and texting, many states have passed full or partial bans on both activities. For example, some states only permit drivers to talk on cell-phones if they are using a hands-free device. Other states target young drivers, who are more prone to driver distraction and likely to be involved in an accident. In Minnesota, drivers under 18-years-old who have a driver's permit or provisional license are prohibited from using a cell phone at any time the car is in motion.

At the federal level, some members of Congress are pushing for a national texting ban. To ensure compliance, they want to pull federal highway funding from any state that refuses to pass the ban. Currently, 18 states have passed a texting ban and others have pending legislation for 2010. Minnesota passed its texting ban in 2008. The Minnesota law prohibits all state drivers from sending, reading or typing text messages while driving as well as using the Internet or emailing. The law is a primary offense, meaning police officers can pull over and ticket a driver caught in the act.

While texting and talking on cell phones are two of the most dangerous types of driver distraction, they are not the only types. Other types of driver distraction include:

Using global positioning devices (GPS)

Talking to passengers in the vehicle

Listening to loud music

Playing with other electronic devices, like iPods, DVD players

Eating, drinking

Reaching for something on the floor, in the passenger seat or in the back seat

Distracted drivers cause accidents because they are not paying adequate attention to the road. As a result, they may run a red light, rear-end the car in front of them or veer into another lane of traffic. Sometimes, the drivers get lucky and no one is hurt. But more often than not, someone does get hurt.

No Fault Insurance and Your Legal Options

If you have been involved in an accident with a distracted driver, state law imposes important restrictions on your legal options. Minnesota is a no-fault insurance state. This means that your own insurance policy will pay for your medical expenses and lost wages regardless of fault up to the limits of your personal injury protection (PIP) benefits. Any claims for damage to your vehicle or other personal property must still be made under the other driver's insurance, if he or she were at fault for the accident.

In some cases, however, your own PIP benefits may not be enough to cover all of your medical expenses and/or lost wages or you may have additional losses not compensated under your insurance policy. For example, PIP does not provide coverage for pain and suffering.

Depending on the severity of your injuries, you may be able to file a personal injury claim against the responsible driver. In general, you must suffer a serious injury or lose a loved one before you can take legal action against the responsible driver. More specifically, you must be permanently injured, suffer a disability lasting longer than 60 days or be permanently disfigured. In a personal injury action, you may be able to recover for unpaid medical expenses and lost wages, emotional distress, disability, permanent disfigurement and other losses.

Conclusion

Prior to accepting any settlement offer from an insurance company, contact an attorney. The insurance company's number one goal is to settle your claim as quickly and cheaply as possible. An experienced attorney can help determine what your claim is actually worth and whether the insurance company's offer is fair.

If you have suffered severe injuries, an attorney can explain your legal options and help you file a lawsuit against the responsible driver. For more information, contact an experienced attorney today.

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