Distraction is an epidemic on American roads, and the problem is only getting worse as Gen Zs acquire driving licenses.
The relationship between Gen Zs and their phones puts them at great risk of driving while distracted and potentially causing an accident, considering they also have the least experience on the road.
While the phone is the most common distraction on the road, it is not the only one. Any activity that divides a driver’s attention can be a distraction and cause an accident.
Michigan Laws on Calling and Texting
According to government statistics, 45.7 percent of Michigan rear-end accidents in 2021 resulted from cell phone distractions. Talking on the phone is dangerous, but texting is an even bigger problem. According to the NHTSA, reading an average text takes your eyes off the road for at least five seconds, which, if you are at 55mph, is equivalent to driving an entire football length blindfolded. “Quite scary if you think of it in that sense. And most young drivers do it all the time as texting has become the new normal in communication,” says Lawrence Buckfire of Buckfire Law.
Following recent changes in Michigan laws, persons found using the phone while texting are bound to face some pretty severe consequences as the state steps in to curb runaway cases of distracted driving accidents. Under the new laws, drivers are prohibited from using a phone or an electronic device while driving.
However, there are exemptions for individuals using hand-free technology or when the driver is pulled over at a safe location. If convicted of violating these laws, drivers face penalties such as fines, community service, and accumulating points on their driving license, which could ultimately lead to a license suspension.
Other Types of Distraction
Phone-related distractions are the most prevalent and the easiest to prove in a personal injury lawsuit, but they are not the only ones. Other distractions include flipping through channels on the car radio, adjusting your AC, fixing your hair, eating, drinking, and smoking.
Distractions do not always have to be manual or visual. They can also be cognitive. For example, a driver passing through an area with scenic views can get carried away by the scenery and cause an accident. Unlike phone distraction, where proving a case is relatively easier, it’s impossible to prove some forms of distractions.
How Does Distracted Driving Impact Liability in an Accident
Liability in auto accidents is negligence-based. As such, the claimant must prove that the defendant owed them a duty of care assumed once a driver gets on the road; they breached that duty by driving while distracted; the distraction was the cause of the accident; and the accident resulted in compensable harm. So, the distracted driver will typically be liable for the accidents they cause.
If the claimant in a personal injury claim was distracted at the time of the accident, their distraction could affect the outcome of their case under Michigan’s modified comparative negligence laws. In comparative negligence states, the laws hold the claimant accountable for their contribution in an accident, resulting in reduced claim value or losing the right to a claim altogether if their contributory fault is more than 50 percent.
The opposing side will always be on the lookout for ways of minimizing the value of your claim, and claiming contributory negligence is one way. Working with a lawyer provides some security and ensures the opposing side doesn’t exploit your ignorance to trample on your rights.
