Distracted Driving FAQs
Q: What exactly is distracted driving?
A: Distracted driving is driving while your mind, eyes or hands are doing something else. Nearly any activity that does this could be considered distracted driving. But some of the most common distractions reported by safety officials include cell phones and other devices, eating, personal grooming, rubbernecking, reaching for something and interacting with passengers. All of these raise the risk of a crash by taking the driver’s attention away from the road.
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Q: Why is distracted driving becoming an issue?
A: Distracted driving has gained attention recently because more and more studies are showing that it’s a serious threat. For example, a 2006 study showed that the risk of a crash doubles when drivers take their eyes off the road for longer than one second. Safety experts have always believed that most accidents are caused by human error. But now, distractions have increased because we are able to take more and more technology into our cars, and because many people are trying to squeeze more into their days.
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Q: How many accidents are caused by distracted driving?
A: It’s impossible to say for sure, because police agencies don’t always report distractions. However, one federal study found that distractions contributed to 22 percent of all crashes and near-crashes. Police data shows that 16 percent of fatal crashes and 21 percent of injury crashes involved distractions. It also shows that the proportion of fatal crashes caused by distracted driving grew from 8 percent in 2004 to 11 percent in 2008.
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Q: Why are safety groups focused on cell phone use?
A: It’s true that texting and talking on the phone are not the only distractions in the car. But hand-held device use is very widespread, and statistics show that it’s growing. Based on observations, the federal government has concluded that at any given time, 11 percent of all drivers are likely to be using a hand-held or hands-free cell phone. For hand-held phone use alone, that translates to 812,000 vehicles on the road at any given time during daylight hours.
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Q: Is it legal to drive while using a cell phone?
A: It depends on where you live, but more and more, the answer is no. No state has banned cell phone use entirely, but a handful of states have banned use of hand-held phones. Far more states have outlawed texting while driving, and many others are considering it. Congress is considering a law that would require states to pass a texting ban before they are eligible for federal highway funding. And the Secretary of Transportation has made distracted driving a central safety issue.
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Q: Is it safer to use a hands-free cell phone?
A: Research suggests that it is not. While hands-free devices do help drivers keep their eyes on the road, talking on the phone can still cause a mental distraction. A 2001 University of Utah study found that drivers using a cell phone missed twice as many traffic lights as drivers without a phone. That was true regardless of whether they were using a hands-free device. The study concluded that phone conversations distract drivers in ways that passive listening does not.
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Q: Is talking on the phone really less safe than talking to a passenger?
A: Probably. The University of Utah conducted a study in 2008 that compared performance of drivers talking to a passenger and drivers talking on a hands-free phone. It found that drivers on the phone were more likely to drift, miss their exit and tailgate. Passengers were more likely to slow the conversation when driving was difficult, or talk about traffic, suggesting that they were helping drivers keep their minds on driving.
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Q: Which drivers are most likely to drive while distracted?
A: Almost everyone who drives has probably been guilty of distracted driving at some point. But according to government statistics, drivers under the age of 20 had the highest proportion of fatal crashes caused by distraction, at 16 percent. Drivers ages 20 to 29 were the next most likely, at twelve percent. The government also found that the drivers most likely to be distracted during fatal crashes were drivers of SUVs, pickups and motorcycles.
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Q: Are there special distracted driving rules for commercial drivers?
A: Yes. The federal government has recently made a rule banning texting behind the wheel for people with commercial drivers’ licenses. It applies to interstate commercial truckers and bus drivers. Some states have also banned school bus drivers from texting or talking on the phone. Many businesses have made their own policies against phones behind the wheel. And all commercial drivers are held to stricter safety rules than private drivers.
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Q: Do the police take distracted driving seriously?
A: More and more, yes. Laws in many states allow police officers to pull over drivers they see violating a ban on texting or hand-held phone use. Other states allow law enforcement to make a note of whether a driver was using the phone at the time of an accident. Most likely, police will assign the blame for a crash on a driver distracted by a phone or other device. And all states have laws against reckless driving, which can be used in situations where distractions pose a clear risk.
Auto Accident FAQs
Q: How soon should I report the accident to my insurance company?
A: You should call as soon as you reasonably can. Many insurance contracts set a deadline for reporting accidents. If you miss that deadline, you may not be able to make any claim at all. Waiting too long might also make the insurance company believe you are exaggerating your injuries, which allows it to deny your claim.
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Q: What should I do if the other driver’s insurance company contacts me?
A: You should politely refuse to speak to them. They may be trying to manipulate you into saying things that could hurt your case. Be especially careful if they ask to record your conversation or ask you to sign anything. If you have hired a lawyer, the insurance company is legally required to speak with that person instead of you.
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Q: Do I need a lawyer to handle my accident claim?
A: In accidents that caused no injuries and only a little damage, you may not need a lawyer. But if someone was seriously hurt or killed, or your claim will be expensive, you may have trouble getting a fair settlement from the insurance company. An experienced attorney can help protect your legal rights and get the maximum possible financial payment for your injuries.
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Q: What if I felt fine after the accident, but notice an injury later?
A: Even if it’s been weeks since the accident, you should go to the doctor as soon as you can. Many injuries are not obvious at first, including serious injuries to the head and neck. Accident victims might also not notice injuries if they are in shock. If necessary, an accident lawyer can help you prove the new injury to your insurance company.
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Q: How soon should I settle my insurance claim?
A: Every claim is different, but you should avoid settling your claim until you understand your injuries completely. For example, if you may need surgery, it is best to wait until your doctor can decide before settling your claim. If you settle too soon and end up with medical bills not covered by your settlement, you will not be able to make another claim.
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Q: How can I protect myself if I am considering a lawsuit?
A: One simple step you can take is saving all of the paperwork from the accident, so it can be used as evidence later. This could include a police report, medical documents, photos of your injuries, car repair bills and more. You should also make sure not to accept any payments or sign papers from an insurance company, because this could take away your right to sue.
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Q: Do I have to take the first settlement my insurance company offers?
A: Absolutely not. Many people do not realize this, but you have every right to negotiate with an insurance company for a settlement you believe is fair, using evidence like medical bills and repair costs to prove your claim. If you are not comfortable negotiating, or the insurer will not listen, you can also get help from an experienced accident lawyer.
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Q: What can I do if I think the insurance company is denying my legitimate claim?
A: Your insurance company must provide the coverage it promises in your auto insurance policy. If it does not, you may sue for breach of contract and insurance bad faith. In many cases, just hiring a lawyer is enough to show the insurance company that you are willing to protect your rights.
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Q: What costs may I claim in an accident lawsuit?
A: If you decide to sue, you may claim all of the financial costs of the accident, as well as compensation for your injuries, physical pain and emotional suffering. If you have sustained a permanent disability or lost a family member, you are also entitled to compensation for those injuries. Financial costs include future medical bills and the cost of missing work.
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Q: If I file a lawsuit, will I have to testify in court?
A: It is impossible to say for sure, but most likely, you will not. The majority of auto accident lawsuits settle before a trial can take place. And even if you do go to trial, your attorney may not ask you to testify. However, you may be asked to give other personal information during a pre-trial process called discovery.
Jones Act FAQs
FAQ #1: “What is the Jones Act?”
This Act is a federal law that provides benefits for employees injured on Seagoing vessels in Navigable waters and Offshore rigs that aren’t permanently fixed to the ocean floor.
FAQ #2: “Can an injured worker that works on an oil platform recover benefits under the maritime & Jones act workers claim?”
Yes, this depends on the type of platform and whether the employee was working on a site normally used for maritime purposes.
FAQ #3: “Can a painter, sandblaster or welder, file a Jones Act claim?”
If he can show that he falls under seaman status, then yes.
FAQ #4: “Who is considered a seaman?”
If there is evidence that the injured workman was assigned to a vessel, including moveable platforms, or performed a substantial part of his work on a vessel or moveable platform; Or contributed to the function of the vessel, the accomplishment of its mission, or the operation or welfare of the vessel in terms of the maintenance during its movement or anchorage.
FAQ#5: “I work on an oil production platform can I qualify for Maritime compensation under the Jones Act?
Possibly so. In order to qualify for benefits under the statute, the employee must work on a site normally used, but not exclusively used, for maritime purposes.
FAQ#6: “How long do I have to file my claim, under the Jones Act?”
Generally, the Statute of limitations for filing a Jones act claim is 3 years from the date of injury.
FAQ#7: “What is Maintenance?”
Maintenance under the Jones Act means a daily compensation to cover costs of basic, food, shelter that the Seaman would have received aboard the vessel while on duty.
FAQ#8: “What if I contributed to my injury?”
When a defendant alleges that a seaman contributed to his own injury, the burden of proof rests with that defendant. A seaman only has a slight duty to exercise care in protecting himself while working.
FAQ #9: “After I was injured, my employer demanded that I give a recorded statement and asked me to sign something before sending me to the doctor. What should I do?”
The bottom line is that your employer’s interests are different from yours.” If something your employer or his insurance company does feels wrong, then it probably is. Contact an experienced Maritime lawyer.
FAQ# 10: “After an offshore injury, am I required to see only the company-approved doctors?”
No injured workers are not required to see only company approved doctors. You are free to select a doctor of your choice. In some cases, company doctors will try and force you back to work before you are ready and even avoid performing necessary tests that may reveal the true extent of an injury.
