Distracted driving - particularly texting - causes countless pedestrian accidents. Drivers staring at phones simply don't see pedestrians until it's too late. When distracted drivers strike pedestrians, strong negligence claims and often punitive damages are available.
The Distracted Driving Epidemic
Smartphone use has created an epidemic of distracted driving. Texting, social media, email, and apps divert driver attention from the road.
Looking at a phone for just five seconds at 55 mph means traveling the length of a football field blindly.
Even at lower speeds, pedestrians in crosswalks become invisible to distracted drivers.
Types of Distraction
Visual distraction - taking eyes off the road to look at phones, GPS, passengers, or scenery.
Manual distraction - taking hands off the wheel to text, eat, adjust controls, or reach for objects.
Cognitive distraction - mental attention diverted from driving by conversations, daydreaming, or thinking about messages.
Texting combines all three types, making it especially dangerous.
Proving Distraction
Cell phone records can be subpoenaed to show texting or app use at the time of the accident.
Witness observations of drivers looking down or holding phones support distraction claims.
Accident reconstruction showing lack of braking or evasive action suggests the driver wasn't watching the road.
Distracted Driving Laws
Most states have laws prohibiting texting while driving. Violations create strong evidence of negligence.
Hands-free laws in some states make any handheld phone use while driving illegal.
Violating these laws may constitute negligence per se - automatic negligence based on statutory violation.
Punitive Damage Potential
Courts increasingly view texting while driving as conscious disregard for safety justifying punitive damages.
Drivers who choose to look at phones rather than the road demonstrate willful negligence.
Some verdicts have awarded substantial punitive damages against texting drivers.
Corporate and Employer Liability
Employers may be liable when employees cause accidents while texting about work matters.
Companies that require phone communication from driving employees create dangerous policies that may establish liability.
Commercial vehicle companies face heightened scrutiny for driver distraction policies and enforcement.
Evidence Preservation
Phone record subpoenas must be issued promptly before records are deleted or overwritten.
Request cell tower records showing phone activity at the accident time and location.
Social media posts timestamped near the accident time may show driver was using phone.
Defense Arguments
Drivers claim they weren't on phones at the moment of impact. Cell records may prove otherwise.
Arguments that they looked down briefly admit distraction. Any phone use while driving is dangerous.
Claims that pedestrians were invisible may actually prove the driver wasn't watching the road.
Injuries from Distracted Driving
Distracted drivers often don't brake at all before striking pedestrians, causing maximum-impact injuries.
Pedestrians struck by distracted drivers suffer severe trauma from full-speed collisions.
Traumatic brain injuries, spinal damage, and multiple fractures are common.
Damages in Distracted Driver Cases
Medical expenses for treating severe pedestrian injuries.
Lost wages and earning capacity from disabling injuries.
Pain and suffering from traumatic injuries and ongoing effects.
Punitive damages for the driver's conscious disregard of safety.
Pursuing Distracted Driver Claims
Act quickly to preserve cell phone evidence through litigation holds and subpoenas.
Document witness observations of driver behavior before the accident.
Work with attorneys experienced in distracted driving cases who know how to obtain and use phone records effectively.