10 FAQs based on Distracted Driving, Drowsy Driving, Uninsured/Underinsured Motorists

QUESTIONS & ANSWERS 

• Is distracted driving as dangerous as drunk driving?
• I was hit by a driver who I saw talking on his cell phone seconds before he hit me. Could this have been the cause of our accident?
• Is texting really more dangerous than just talking on a cell phone?
• How can I tell if I’m sharing road space with a drowsy driver?
• I  was hit by a car driven by a factory worker late at night – I think drowsy driving was to blame. I have heard truckers are often driving tired, but is this a problem among other professions as well?
• Is there anything I can do to avoid driving drowsy?
• How can I pursue a claim against the other driver if he was not even awake? Is he still considered negligent for an accident he does not even remember? Would a driver be held responsible if he was so drunk that he couldn’t recall getting behind the wheel?
• I was involved in a “hit and run” accident and the other driver was at fault. However, since she fled the accident scene, do I have any option for filing a damages claim to pay for my medical bills?
• If I’m hit by a driver who only purchased the minimum liability and my hospital bills are much more, can I still get any money from the other driver, or do I only file with my own insurance company?
• Since I already purchased underinsured motorist coverage, why would I need a lawyer’s help to get my money?

 

Is distracted driving as dangerous as drunk driving?
Distracted driving accounts for nearly 80% of all car accidents – more than double the amount of accidents caused by drunk driving. So in fact, distracted driving is actually more dangerous than drunk driving.

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I was hit by a driver who I saw talking on his cell phone seconds before he hit me. Could this have been the cause of our accident?
Most likely, yes. Drivers who use cell phones while driving have slower reaction times on the road. The driver who hit you was paying attention to his phone call, which means he wasn’t paying as much attention to your vehicle – and this fact could have directly contributed to your accident.

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Is texting really more dangerous than just talking on a cell phone?
Yes. Texting is 6 times more likely than drunk driving to result in an accident, and drivers who text while driving spend 400% more time not looking at the road. Any cell phone use is a hazard when you are behind the wheel, but texting is by far the most dangerous culprit.

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How can I tell if I’m sharing road space with a drowsy driver?
Drowsy drivers tend to exhibit certain warning signs of fatigue behind the wheel, including the following:

• Slower reaction times – taking longer to brake or speed up;
• Aggressive driving behavior; and
• Drifting into other lanes or toward an embankment or guardrail.

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I  was hit by a car driven by a factory worker late at night – I think drowsy driving was to blame. I have heard truckers are often driving tired, but is this a problem among other professions as well?
Any driver can potentially fall asleep behind the wheel, but people in occupations that involve driving later at night are more susceptible to driving fatigue. Some of the more common occupations in which late night driving may be required include the following:

• Factory shift work;
• Business travel;
• Truck and other commercial driving; and
• Airline industry – pilots, flight attendants, airport employees.

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Is there anything I can do to avoid driving drowsy?
Fatigue happens to everyone, but there are certain steps you can take as a driver to minimize risks to yourself and others, including the following:

• Avoid alcohol or medication that can cause drowsiness;
• Get enough sleep before going on a long drive;
• Stop for a rest break of at least 10 minutes for every 100 miles of travel; and
• Always wear your seat belt.

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How can I pursue a claim against the other driver if he was not even awake? Is he still considered negligent for an accident he does not even remember? Would a driver be held responsible if he was so drunk that he couldn’t recall getting behind the wheel?
Of course. The same principal applies to drowsy driving – just because the driver’s senses were impaired does not absolve him of liability. Certainly there are situations in which a driver cannot be held responsible for impaired senses – if he had a stroke, for instance, or suddenly became ill – or perhaps if he was taking medication that lacked proper warnings about fatigue as a potential side effect. These are circumstances over which the driver had no control. However, when a sleepy driver chooses to get behind the wheel, he knows that he isn’t in the best shape to be driving – if he proceeds anyway, then any damage he causes is his negligence.

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I was involved in a “hit and run” accident and the other driver was at fault. However, since she fled the accident scene, do I have any option for filing a damages claim to pay for my medical bills?
If you purchased uninsured motorist coverage as part of your car insurance policy, then you may be eligible to file a claim with your own insurance company. This coverage will take the place of the other driver’s insurance in a hit and run situation, enabling you to receive compensation for the damages caused by the other driver.

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If I’m hit by a driver who only purchased the minimum liability and my hospital bills are much more, can I still get any money from the other driver, or do I only file with my own insurance company?
If you purchased underinsured motorist coverage as part of your car insurance policy, you can do two things. First, file a claim against the other driver’s insurance. Then, once you see what the difference is between the other driver’s liability and your damages, you can file an underinsured motorist claim with your own insurer for the remainder.

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Since I already purchased underinsured motorist coverage, why would I need a lawyer’s help to get my money?
In a perfect world, you would present the information to your insurance company and they would promptly pay you for your damages. However, insurance companies don’t stay in business by paying everyone maximum value for their claims – insurers pay as little as possible, and most people simply don’t challenge them. An attorney experienced in underinsured motorist claims can help you deal with the insurance company if they deny your claim or offer you an insufficient settlement. Lawyers handle negotiations with insurance companies on a regular basis and understand the most effective ways of communicating and of resolving disputes with them. As a result, an attorney is more likely to recover a better settlement than you would on your own.

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