Distracted driving is dangerous and one of the leading causes of car accidents in Oregon and throughout the United States. According to the National Highway Traffic Safety Administration, almost 3300 lives were lost to distracted drivers in 2023 alone. With smartphones, GPS devices, and other in-vehicle distractions, drivers often take their attention off the road—sometimes for just a few seconds. Those seconds can cause serious or even fatal crashes. Beyond the physical dangers, distracted driving carries major legal consequences that directly impact accident liability and your right to recover compensation.
What Is Distracted Driving?
Distracted driving occurs any time a driver’s focus is diverted from operating their vehicle. The Centers for Disease Control and Prevention (CDC) classifies distractions into three categories:
- Visual: Looking away from the road.
- Manual: Taking hands off the wheel.
- Cognitive: Thinking about something other than driving.
Common examples include texting and driving, checking emails, eating, drinking, adjusting the radio, or using navigation systems. Texting while driving is especially dangerous because it combines all three types of distractions.
How Distracted Driving Impacts Car Accident Liability in Oregon
In personal injury cases, proving liability (fault) is critical to winning your case. When distracted driving is involved, it can significantly influence how liability is assessed.
- Negligence: Distracted driving is generally considered negligent behavior. If an at-fault driver was texting, eating, or otherwise distracted, they may be held liable for the crash.
- Oregon’s Comparative Negligence Law: Oregon follows a modified comparative negligence rule. If multiple drivers share fault, compensation is reduced by the percentage of fault assigned. For example, if you were hit by a distracted driver but were also speeding, your damages could be reduced accordingly.
- Evidence of Distraction: Proving distracted driving may involve phone records, eyewitness statements, traffic camera footage, or even data from a vehicle’s onboard computer.
Legal Consequences of Distracted Driving in Oregon
The legal implications of distracted driving extend beyond personal injury lawsuits:
- Traffic Citations: Oregon law prohibits the use of handheld cell phones while driving. Violations can result in fines. Sometimes, a police officer may ask to look at your phone after being pulled over to determine if you were using it while driving.
- Increased Penalties for Repeat Offenses: Multiple distracted driving tickets can lead to larger fines and even license suspension.
- Civil Liability: A distracted driver who causes a crash may be required to pay damages for medical bills, lost wages, property damage, pain and suffering, and other losses.
What to Do After a Distracted Driving Accident
If a distracted driver has hit you in Oregon:
- Call the Police: Ensure the accident is officially documented.
- Gather Evidence: Take photos, collect witness information, and note any signs the other driver was on their phone.
- Request Phone Records: An attorney can subpoena phone records to prove distraction. Under some circumstances, the attorney may be able to gain access to the phone for expert analysis.
- Seek Legal Help: A skilled Oregon car accident attorney can help build a strong case and fight for maximum compensation.
Why You Need a Distracted Driving Accident Lawyer
Insurance companies often try to minimize payouts by disputing liability. An experienced Oregon personal injury lawyer can:
- Investigate the accident and gather evidence of distraction.
- Protect you from insurance company tactics.
- Pursue full compensation for your medical expenses, lost wages, and pain and suffering.
Key Takeaway
Distracted driving is more than a dangerous habit; it is a legal liability that can impact your ability to obtain compensation after an accident. If a distracted driver in Oregon has injured you, don’t face the insurance company alone – they have a whole team behind them, and you should too.
Contact our experienced distracted driving accident attorneys in Oregon today for a free consultation. We’ll fight to hold negligent drivers accountable and secure the compensation you deserve.