Distracted driving is a serious safety threat in West Virginia, just as it is in the other 49 states. Although the number of distracted driving accidents is lower in our home state compared to Texas or California, this is largely due to our state’s smaller population. There is no reason to suppose drivers in the Mountain State are less prone to driving while distracted than motorists on the West Coast.
If you were hurt in a distracted driving accident, call Kaufman & McPherson. Our firm is dedicated to the rights of accident victims, including those injured by distracted drivers. We know how to find evidence of driver distraction and negotiate aggressively for a fair settlement. A consultation with a West Virginia car accident lawyer is free for those who reach out by phone or email.
What the Numbers Tell Us
According to the West Virginia Department of Transportation, our state saw 1,860 distracted driving accidents in 2022. That works out to roughly 5 distracted driving accidents every single day of the year.
Distracted driving accidents led to 835 injuries and four fatalities. They also caused millions in property damage.
Nationwide, around 3,308 people were killed in accidents that involved at least one distracted driver. Those numbers made up around 1 in 12 fatal accidents for 2022.
Motorists can be distracted in many ways. Cell phone use is an obvious source of distraction. More than 40% of drivers admit to using a hand-held device to talk while driving. Talking on the phone removes a hand from the wheel, and they probably look at the phone to call. What’s more, many drivers will continue to process the phone conversation even after they hang up, which means they are cognitively distracted.
What Are Other Sources of Distraction?
Other than cellphones, other distractions include:
- Pets. A pet can lunge into the front seat and surprise a motorist, who might swerve as a result.
- Food or drink. A driver focused on eating French fries or a burger will be distracted, especially if they spill food on themselves.
- Dashboard controls or dials. A driver fiddling with the heat or turning up the volume could take their eyes off the road for a split second, which is all that’s needed to ram another vehicle or mow down a pedestrian.
- Adult passengers. An engrossing conversation with someone riding shotgun could distract a motorist sufficiently so that they get into a wreck.
- Babies and children in a back seat. Young children are an obvious source of distraction, especially crying babies in the backseat.
Given the increased pace of life, more people than ever are multitasking behind the wheel. They could be putting on makeup, talking to their children, and petting the dog. The result is more accidents.
How West Virginia Has Responded
Our state has made concerted efforts to reduce the number of distracted driving accidents. For example, the state passed a law prohibiting texting and driving. (W. Va. Code § 17C-14-15.) This law prohibits a driver from:
- Holding or supporting any electronic device, including a cell phone.
- Sending or reading a text.
- Engaging in any communication, including a phone call.
- Typing into a wireless device.
- Watching videos or movies on a device.
- Playing games on a device.
Instead, the law allows drivers to use a single-button hands-free phone that is mounted close to them. Further, the law reminds drivers to use due care when operating their vehicles.
Although well-meaning, this law has not eliminated distracted driving car accidents. Even a hands-free device can still distract experienced motorists.
What to Do After Distracted Driving Car Accidents in West Virginia
Driving while distracted is a clear example of negligence. A motorist who is texting or otherwise distracted should pay compensation to anyone hurt in a collision. However, you should take the following steps:
- Report the crash to the police. An officer can come to the scene and create an accident report, which is helpful. The officer might also question the driver about whether they were distracted.
- Swap personal information and insurance details with the driver. You will need this basic information for a claim.
- Make note of whether you suspect the driver was distracted. For example, a dog might have lunged out of the car after the driver, suggesting the animal jumped into the front seat and possibly surprised or distracted the driver. Or the driver could have mustard all over their shirt: a sign they were eating when the accident happened.
- Speak with witnesses. They could have seen the driver distracted in the lead-up to the accident. Ask for their name and contact info to share with your attorney.
- Avoid admitting that you were distracted. West Virginia’s comparative negligence law can result in reduced compensation if you were distracted, such as talking on the phone, when you crashed. (W. Va. Code § 55-17-13c.)
Once hired, we can begin searching for evidence of distraction. For example, we might ask the driver questions under oath. Some might admit they were fiddling with the dials or being on the phone. We might also request access to the driver’s phone records, which could show unambiguously that the driver was taking a phone call when they crashed.
Request a Free Case Review from a West Virginia Car Accident Lawyer
Bringing a personal injury claim against a distracted driver serves several purposes. You can obtain meaningful compensation for your medical care, property damage, and pain that you suffer. The goal is to make our clients whole.
A distracted driving claim also seeks to hold motorists accountable when they fail to act with care. A driver could have violated the texting-and-driving law. Demanding that they pay compensation can improve public safety by forcing drivers to think twice before they pull out a cell phone or take their eyes off the road.
Call our experienced attorneys at Kaufman & McPherson to schedule your free consultation with our office. We have helped those in the 26330 zip code for years with their personal injury needs, including negotiating car accident settlements.
