Distracted Driving · California
What legally counts as distracted driving, why it is now a leading cause of fatal crashes, and how victims of a distracted driver can protect their rights.
Distracted driving is becoming alarmingly common, as statistics clearly show. Because of this, public authorities continue to warn about the sharp increase in distracted driving, now recognized as one of the leading causes of fatal accidents on roads nationwide.
Who hasn’t ever answered a call, sent a quick text, or grabbed a bite while driving? These everyday actions, often seen as harmless, are exactly what constitutes distracted driving.
The law leaves no doubt: drivers who cause accidents due to distractions are legally responsible. If you or someone close to you has been harmed because of a distracted driver’s negligence, keep reading. We’ll guide you through what this risky behavior entails and how it affects your rights and recovery. Call us today at (559) 900-9000 to schedule a free consultation and explore your legal options.
Key takeaways
- Distracted driving is any activity that takes your eyes, hands, or mind off driving, and it makes you a negligent driver.
- The CDC groups distractions into four types: visual, manual, auditory, and cognitive.
- It accounts for about 8% of traffic fatalities and roughly 11% of all reported crashes nationwide.
- Drivers who cause accidents due to distraction are legally responsible for the harm they cause.
What Is Distracted Driving?
According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is any activity that diverts a driver’s attention while operating a vehicle. In other words, it includes any action that takes your eyes, hands, or mind off the task of driving. If you are not fully focused on the road, you are driving negligently.
There are many ways drivers can neglect this responsibility. For example, talking to a passenger, drinking coffee, or grooming yourself using the rearview mirror. While these actions might seem innocuous, they significantly increase the risk of an accident. That’s why it’s essential to keep your full attention on the road at all times.
The Centers for Disease Control and Prevention (CDC) classifies distracted driving into four main types:
| Type | What it means |
|---|---|
| Visual | Taking your eyes off the road. |
| Manual | Taking your hands off the wheel. |
| Auditory | Being distracted by sounds that divert your attention. |
| Cognitive | When your mind wanders and stops focusing on driving. |
Why Is Distracted Driving So Dangerous?
Every day, nine people lose their lives, and approximately 900 are injured in crashes caused by distracted driving. In 2023 alone, the National Highway Traffic Safety Administration reported 3,275 fatalities and over 324,819 injuries related to distracted driving crashes.
Distracted driving accounts for about 8% of all traffic fatalities nationwide and causes roughly 11% of all reported crashes. According to data from the General Estimates System, nearly 21% of injuries resulting from traffic accidents are directly linked to driver distractions.
A recent study conducted by Cambridge Mobile Telematics (CMT) revealed that distracted driving has increased by 23% since 2020. This rise, primarily driven by cell phone usage, has led to devastating consequences: 420,000 accidents, 1,000 fatalities, and an estimated economic cost of $10 billion in 2022.
Furthermore, the CMT study shows that approximately 420 lives are lost for every 10% increase in distracted driving time. This results in an additional $4 billion in economic losses annually.
Most Common Examples of Distracted Driving
A driver’s attention can be affected by two main types of distractions: internal and external. These are some of the most common and dangerous types of distracted driving:
- Phone Use: Texting, making calls, and scrolling through social media are all forms of cell phone use that remain among the leading causes of distracted driving. According to the NHTSA, an estimated 660,000 drivers use their phones while driving every day in the United States.
- Interaction with Passengers: Talking to passengers isn’t inherently dangerous. However, if the conversation causes the driver to lose focus or take their eyes off the road, the risk of crashing increases significantly.
- Eating or Drinking: This habit is particularly dangerous for novice drivers, tripling their risk of being in a crash. Even experienced drivers are 1.5 times more prone to accidents when they eat or drink while driving.
- Applying Makeup: A 2024 Zebra study found that 11% of respondents admitted to applying makeup while driving. While this percentage may not seem high, it still reflects a serious and potentially hazardous distraction.
- Reaching for Objects: Whether retrieving something from the glove compartment, picking up a fallen item, or rummaging through a bag, these actions are risky. According to NHTSA data, the likelihood of a crash is 9.1 times higher when drivers reach for objects inside the vehicle.
- Adjusting the Radio or GPS: Using in-car technology, such as navigation systems, may seem routine, but these devices create visual and cognitive distractions. Some studies have found that drivers can remain distracted for more than 40 seconds while interacting with these tools.
How to Avoid Distracted Drivers
Distracted driving puts not only the driver and their passengers at risk; it also endangers everyone else on the road, including pedestrians, cyclists, and other motorists. At Abogados Aliados, we urge all drivers to stay fully focused whenever they’re behind the wheel. When we all drive attentively, we all have a better chance of arriving home safely.
If you spot a distracted driver nearby, it’s essential to take steps to protect yourself. The most important thing is to avoid close contact and maintain a safe distance to reduce the risk of a collision.
- Keep your distance. Leave plenty of space between your vehicle and the one being driven erratically. Depending on the situation, you may choose to carefully pass the vehicle or slow down to let it go ahead, whichever option is safest at that moment.
- Call 911 if needed. If you’re unable to move away safely, call 911 and report the distracted driver so that authorities can take appropriate action.
- Report the incident. Once you are out of danger, consider reporting the incident to the relevant authorities. Never attempt to follow, confront, or engage with the driver, as doing so could escalate the situation and put your safety at risk.
Injured by a Distracted Driver?
Have you been injured in an accident caused by distracted driving? Abogados Aliados is here to help. Our experienced team of car accident attorneys is ready to protect your rights and guide you through every step of the legal process.
We’re available 24/7 to explain your legal options and help you pursue the compensation you deserve. Contact us today to learn more about your case and how we can support you.
You have been through enough.
Let us handle it from here. Free consultation, and you pay nothing unless we win your case. Our bilingual team is here to help in English and Spanish.
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Abogados Aliados · Fresno, California · (559) 900-9000. This article is attorney advertising and is provided for informational purposes only; it does not constitute legal advice or create an attorney-client relationship. Every case is different and prior results do not guarantee a similar outcome. For guidance on your situation, consult a qualified attorney.