Distracted Driving Car Accident Claims in Frederick, Maryland
In Frederick, Maryland, and throughout the country, distracted driving often relates to the misuse of technology. Texting and driving is frequently the first behavior someone thinks of when they hear the term “distracted driving.” Of course, this is with good reason, as texting is a leading cause of distracted driving crashes and puts people at risk. However, there are many other ways that a driver can be distracted. Even looking at a site of an earlier crash, sometimes referred to as “rubbernecking,” is a form of distraction. Drivers eat, apply makeup, yell at their kids, and engage in many other behaviors that take their focus off of the important task at hand.
When a driver is distracted, he or she is putting other motorists and anyone using the road at risk of serious injury or death. In fact, these drivers kill thousands of people in the United States each year. Distracted motorists are behaving negligently, and if one of them injures you or your family, you could collect compensation to cover the costs of those injuries, as well as for your pain, emotional distress, and suffering.
If a distracted driver harmed you in Frederick, Maryland, the dedicated car crash attorneys at Berman, Sobin, Gross, Feldman & Darby LLP are ready to represent you and get you the compensation and support that you need. Call us today at 301-668-2100 to discuss your claim.
Using a Phone While Driving Is Illegal in Frederick, Maryland
Maryland takes distracted driving seriously. In 2013, the state moved to make the use of a handheld electronic device illegal and to categorize such a violation as a primary offense. If a police officer identifies a driver using a phone, that officer can pull over the driver and issue a ticket.
The fact that it is against the law to use a phone while driving means that in the case of a crash that occurs because a driver was using his or her phone, the injured person will not have to prove that the behavior was negligent. Rather, the violation of a safety law means the person’s behavior was negligent “per se.”
Drivers who are distracted in other ways will also be considered negligent, but more effort may be required to make such a case. Even a person who was fiddling with the radio is distracted, and the same goes for someone eating fast food while driving. Operating a car is a complicated task that requires a person’s full attention. If a motorist fails to focus on the road, then he or she is breaching his or her duty to use reasonable care. Reasonable care is a duty that all drivers owe to other road users.
Advanced Technology and Distracted Driving
Many cars now come with advanced features that can control many aspects of operating a vehicle. Such features should work to make driving safer, and much of the time, they likely help prevent crashes. However, some drivers tend to misuse such technology and treat it as if it makes their vehicles fully autonomous. Such behavior has led to crashes that occur while drivers are playing games on their phones or watching videos. Sadly, what should work to make people safer can lead to devastating crashes in the hands of negligent drivers.
Negligence Laws in Frederick, Maryland
Maryland is in the minority of states that follow “contributory negligence” standards rather than “comparative negligence.” Because of this, if a crash caused you serious injuries, you must show that the other driver is entirely at fault and that you were not partly responsible for your injuries. In most states, the damages for a person who shared a small portion of the liability for his or her injuries will still have the ability to collect compensation; the amount will just be discounted to reflect the injured person’s fault.
Fortunately, there are certain facts that the defendant cannot use to argue the plaintiff was contributorily negligent. For instance, if you failed to wear a seatbelt or if you were on a motorcycle and did not use a helmet, those factors will not prevent you from collecting damages from a negligent driver. The defendant’s attorney cannot even mention such issues to a jury.
If you were injured in a crash and want to know your options for recovering, contact a Frederick, Maryland car accident attorney to discuss your claim.
Contact the Frederick, Maryland Distracted Driving Car Accident Attorneys at Berman, Sobin, Gross, Feldman & Darby LLP
At Berman, Sobin, Gross, Feldman & Darby LLP, our team of experienced personal injury attorneys is ready to represent you and fight to get you the compensation that you need. Distracted driving car crashes can be devastating and have long-lasting impacts on a person’s life and family. Call Berman, Sobin, Gross, Feldman & Darby LLP today at 301-668-2100 to discuss your claim with one of our dedicated car accident attorneys.