Distracted Driving Accident Attorneys

The Danger of Distracted Driving: Understanding Cell Phone and Texting Accidents

Increase in injuries and death nationwide due to the popularity of smartphones

Distracted drivers are the leading cause of most car, truck, and motorcycle accidents. In today's world, everyone wants to stay connected. Our distracted driving accident attorneys at Bull Attorneys in Wichita and Garden City know that with cell phones in nearly every pocket, it's easy to chat, send a message, or look something up, no matter where we are, but texting causes thousands of car and truck accidents every year.

The distracted driving accident lawyers at Bull Attorneys know how to prove the other driver was using a phone, texting or a two way communication device to prove the other driver was at fault.

Our clients are highly satisfied and we get excellent results.

What is Distracted Driving?

Anything taking your attention away from driving is distracted driving. It is any driving activity that diverts the driver's attention from driving. It can be using the phone to text, messing with your stereo, paying too much attention to your navigation system or just trying to keep your dog in the back seat.

Common Types of Distracted Drivers Are:

• Talking on a cell phone.
• Dialing on a cell phone.
• Using wireless and two-way communications devices for repairmen or Uber and Lyft drivers.
• Using map functions on Google Maps, Apple Maps or many other mapping apps.
• Talking to passengers or children in their car.
• Trying to control dogs riding in the car.
• Lack of sleep or driving while fatigued.
• Illegal activity like drunk driving or driving while intoxicated on illegal drugs.
• Tuning the dashboard stereo to listen to music.

Distracted driving accident attorneys know that distracted driving is the main cause of most accidents. Thousands of accidents are caused in Wichita, Garden City and across the state of Kansas every year. The 2021 Kansas Traffic Crash Facts Book found the number one circumstance causing traffic accidents was driver inattention. The same study found that there were 57,598 traffic crashes in Kansas that year causing 12,894 injury accidents and 381 fatalities.

Young drivers on learner's permits and even older teenagers are often distracted drivers because they do not yet understand that keeping a proper lookout for others on the roads and sidewalks is important to society. Parents should teach their children how to drive in large parking lots instead of on a public road. Personal injury claims caused by underage drivers cause more accidents than older drivers with experience under their belt.

Distracted driving accident attorneys with a dedicated team of lawyers and paralegals will obtain cell phone records, issue subpoenas for texting records and hire accident reconstruction specialists to establish when the at fault driver was texting or talking on the phone.

The Rise of Cellphone Use in Daily Life in Wichita and across Kansas and the U.S.

Kansas law KSA 8-15, 111 at states that a wireless communication device can be a cellular phone, a text messaging device, a personal digital assistant, and many other types of devices.

The Kansas Driving Handbook discusses the dangers of texting and distracted driving in Kansas. The Governor of the State of Kansas wrote, "Because a growing number of traffic accidents and deaths have been caused by people sending out text messages while driving, the Kansas Legislature updated our driving laws to prohibit this activity that can dangerously distract us from the road."

Driver's who are texting are usually looking down and cause rear-end collisions because they are not keeping a proper lookout. These dangerous forms of driving distraction put everyone on the road at risk. Their reckless behavior will usually result in a personal injury lawsuit.

The Alarming Statistics Behind Cell Phone-Related Accidents

Every year, distracted driving, especially cell phone use, becomes a major reason for road accidents across the country. Kansas cities, with their bustling traffic, especially larger cities like Wichita and Kansas City, see a considerable number of these crashes. Places like Overland Park, Prairie Village, and Lenexa have become risky terrain for drivers, passengers, and even pedestrians due to such distractions.

The 2021 Kansas Traffic Crash Facts established statistics that cell phone use while driving is higher for drivers who are aged 14-44 than for older drivers aged 45 and above. An auto accident lawyer who is an experienced distracted driving accident attorney can help prove a stronger liability case to get maximum damages.

Cell phone driving laws are meant to hold the at fault driver accountable. Evidence of driver distraction should make states pass laws to ban cell phone use while driving. A driver responsible for being safe and keeping a proper lookout should never use a cell phone. The driver that does makes that driver liable for catastrophic accidents. Distracted driving can cause wrongful death and traumatic brain injuries.

While many assume it's the young or the elderly who are most at risk, the reality is different. People of all ages, especially younger drivers new to the road, get easily tempted by a phone's buzz or ring. Texting, reading messages, and even scrolling social media divert their eyes from the road, leading to devastating car accidents. When you are in a car accident you need a highly experienced auto accident lawyer. Accident victims have learned that a deadly car accident is something that changes the life of the driver and their entire family.

Legal Implications of Distracted Driving in Kansas

In Kansas, the laws against distracted driving are strict. Penalties range from fines to, in severe cases, jail time, especially if negligence results in injuries or death. Texting and driving are violations that law enforcement officers keep a keen eye on. Kansas law requires that no person drive or operate a motor vehicle on a public road or while using a wireless communications device to read, write or sent written communications.

The purpose of the law is to prevent accidents and to reduce the number of car crashes resulting in bodily injury and wrongful death.

Kansas has at least 1 out of 5 motor vehicle accidents caused by distractions.

Evidence is crucial when proving distracted driving. Law enforcement officers in Kansas play a pivotal role in gathering this evidence, whether it's through eye-witness accounts, phone records, or video footage from traffic cameras. Police are trained that distraction-related car crashes are preventable.

The Kansas Department of Transportation (KDOT) created a public policy program against distracted driving called "U Drive, UText, U Pay." KTOT records establish that in 2021 alone there were 534 motor vehicle collisions that happened due to mobile phone distractions. In fact, 1 out of 5 crashes in Kansas are caused by distractions.