Distracted driving is exceedingly common in Maryland, causing thousands of crashes and injuries every year. Tragically, numerous distracted driving accident victims in our state face life-altering injuries and mountains of medical bills. Many of these injury victims never recover the compensation they deserve for medical expenses, property damage, lost wages, and other damages. You shouldn’t have to pay for medical care and other losses caused by another driver’s negligence — you need to seek compensation through a distracted driving accident claim.
A Maryland car accident lawyer can assist you with your claim, empowering you to hold the distracted driver and their insurance company financially accountable. A distracted driver accident lawyer can help you gather evidence against the at-fault driver. Your lawyer can be especially valuable in cases involving texting while driving, as your attorney can subpoena the other driver’s cell phone records. These cell phone records can help prove that the at-fault driver drove while distracted, leading to the collision.
Often, insurance companies offer settlements to avoid paying out the full amount an injured party deserves. These settlements are frequently small compared to what distracted driving cases are truly worth. An experienced driving accident attorney will work to maximize your recovery amount, preventing the insurer from shortchanging you. They’ll negotiate with the distracted driver’s insurance company to ensure you recover fair compensation.
We Represent Distracted Driving Victims
Your distracted driving accident lawyer can also help you navigate the complexities of the legal process, protect your rights, and help you understand how much your car accident case is worth. For distracted driving accident lawyers with proven results in Maryland, contact Zirkin & Schmerling Injury Lawyers. We have numerous years of experience assisting Maryland drivers with distracted driving accidents and other personal injury cases. Call us at 410-753-4611.
Maryland Statistics on Distracted Driving
Crashes caused by driver inattention are tragically common in Maryland, as this thoughtless driving practice contributes to thousands of severe injuries and hundreds of traffic fatalities. The Maryland Department of Transportation (MDOT) found that drivers engaging in dangerous distractions behind the wheel contribute to nearly half of all crashes in our state.
According to MDOT, there were over 50,000 distracted driving car accidents in 2021 alone, including nearly 14,500 injury crashes and 205 fatal crashes. These severe accidents were especially common in Baltimore, which accounted for 44.3% of all distracted driving accidents.
Top Reasons Distracted Driving Occurs
Distracted driving accidents occur when a motorist is preoccupied with visual, manual, or cognitive distractions.
A visual distraction is something that takes a driver’s eyes away from the road. Some common visual distractions include:
- Looking at a navigational device
- Staring at billboards and advertisements
- Rubbernecking to look at car accidents or other unusual events
- Reading a text message
- Facing a passenger
Manual distractions can also seriously affect drivers’ ability to operate their vehicles safely. A driver engages in a manual distraction when they take their hands off the steering wheel. Some of the ways a driver may become manually distracted include:
- Reaching for something in the vehicle
- Adjusting a navigational device
- Texting while driving
- Eating or drinking
- Applying makeup
- Personal grooming
Finally, cognitive distractions can cause devastating auto accidents. This refers to driving distractions that take a driver’s attention away from the road. A driver may have their hands on the wheel and eyes on the road yet still be mentally distracted. If a driver’s focus isn’t fully on the road, they could make a costly mistake. Some examples of mental distractions that can interrupt a driver’s attention include:
- Talking to a passenger
- Listening to the radio or a podcast
- Talking on the phone using a hands-free device
- Daydreaming
Why Texting While Driving is the Riskiest
Perhaps the most deadly form of distracted driving is texting while driving. Texting while driving involves all three types of distractions:
- You look away from the road by reading a text
- You take your hands off the wheel while typing a text message
- You take your attention away from the road by thinking about your text
If you were injured by a motorist who was texting while driving, you should consult with a distracted driving accident attorney as soon as possible. An attorney can help you with your car accident case, enabling you to recover compensation for your medical treatment and other damages.
Distracted Driving Causes Accidents
A motorist whose attention is away from the road for even a moment can cause any number of crashes and serious injuries. Types of accidents that can result from a driver’s distraction include:
- Rear-end collisions: Occur when a distracted driver fails to notice a stopped or slow vehicle
- T-bone accidents: Common when drivers unintentionally run red lights or stop signs because of distractions
- Sideswipe accidents: Happen when distracted drivers accidentally swerve into others’ lanes
- Rollover crashes: Result from distracted drivers making sudden, sharp turns because of delayed reactions
- Head-on collisions: Occur due to distracted drivers drifting into oncoming traffic
Common Injuries Due to Distracted Driving
A driver’s distraction can cause other motorists and their passengers to suffer injuries ranging from minor to fatal. Common injuries that accident victims sustain include:
- Back injuries
- Spinal cord injuries
- Whiplash
- Traumatic brain injuries
- Broken bones
- Burn injuries
- Lacerations
- Contusions
- Internal injuries
- Soft tissue injuries
- Psychological trauma
Distracted Driving Accident Damages
If you suffered from a Maryland car accident resulting from another driver’s negligence, you have every right to recover compensation. The money you can recover will directly depend on the damages you experienced due to the at-fault driver’s actions. The three primary types of damages are economic, non-economic, and punitive.
Economic damages are the financial losses you suffered because of the traffic accident. For example, you may have to pay certain out-of-pocket expenses for your property damage and medical bills. The at-fault driver or their insurance company should compensate you for these costs. Other types of economic damages include:
- Lost wages
- Travel expenses related to medical care
- Loss of future earnings
- Rehabilitation costs
- Home or vehicle modifications
With non-economic damages, negligent drivers compensate accident victims for losses that don’t have specific monetary amounts. These damages primarily compensate injured individuals for pain and suffering, such as:
- Physical discomfort
- Emotional distress
- Anxiety
- Depression
- Post-traumatic stress disorder
- Disfigurement and scarring
- Loss of enjoyment of life
- Loss of consortium
Likelihood of Recovering Punitive Damages
Punitive damages are intended to punish drivers for malicious driving. These damages are incredibly rare in Maryland because it’s difficult to prove that a motorist drove with ill will. Distracted drivers cause accidents due to negligence rather than maliciousness, so it’s unlikely that you’ll be able to recover punitive damages.
In addition to economic, non-economic, and punitive damages, some Maryland residents may qualify for wrongful death damages. These damages compensate the family members of those killed in traffic accidents. For family members to qualify for wrongful death damages, the victim’s death must have directly resulted from another party’s actions or negligence. Types of wrongful death damages include:
- Funeral and burial costs
- Medical expenses
- Pain and suffering
- Loss of consortium
- Loss of a parent
- Loss of income
Maryland Distracted Driving Laws
Maryland’s distracted driving laws primarily address using a cell phone while driving. Drivers are forbidden from using a phone unless they’re calling for emergency services. Those who are caught using a cell phone behind the wheel may suffer:
- $83 penalty for a first offense
- $140 penalty for a second offense
- $160 penalty for a third offense
A driver may also get points against their license for texting while driving. If a traffic officer catches you texting, you may get one point on top of a $70 fine. In the event a motorist is involved in an accident while texting, they’ll get three points against their license and a $110 fine.
Maryland also penalizes distracted driving through Jake’s Law. The law’s name refers to the tragic death of a 5-year-old boy who was killed by a distracted driver. The law dictates that a distracted motorist who causes severe or fatal injuries may bear a $5,000 fine and a year in prison for their gross negligence.
Pure Contributory Negligence and Recovering Damages
One aspect of Maryland’s traffic laws that may impact your ability to recover fair compensation is our pure contributory negligence system. With pure contributory negligence, a driver cannot recover compensation for damages if they were partially responsible for the wreck in question.
For instance, suppose a distracted driver ran a red light, T-boning your car and causing serious injuries. If you broke a traffic rule at the time of the accident—such as speeding—you may be considered partially at fault for the accident. If you’re considered even a small percentage at fault, you cannot recover damages from the driver who was primarily responsible.
Maryland’s pure contributory negligence rule prevents numerous victims from recovering fair compensation every year. Even if you weren’t responsible for the accident, the at-fault party’s insurer will likely try to make the case that you made a mistake at the time of the wreck.
Preventing a Distracted Driving Accident
Distracted driving poses a serious threat to other drivers and their passengers. You need to avoid visual, manual, and cognitive distractions to mitigate the risk of causing a serious traffic accident. It’s best to avoid any form of multitasking, including eating/drinking, reaching for items, applying makeup, or anything else that may distract you from the road ahead.
It’s especially important to never use a cell phone while driving. You should even steer clear of talking on the phone while using a hands-free device if possible, as even touchless phone calls cause unnecessary mental distractions.
You should also try to prevent those in your life from engaging in distractions behind the wheel. Make sure your friends and family members are aware of the serious risks of driving while distracted. If you have kids, make sure to educate them about the importance of safe, distraction-free driving.
Contact a Distracted Driving Accident Attorney in Maryland
You need an experienced distracted driving accident attorney on your side to recover fair compensation for your personal injuries. The Maryland distracted driving accident attorneys at Zirkin & Schmerling Injury Lawyers are here to help.
Our fierce and dedicated advocates will do everything possible to hold the responsible driver accountable for their negligence, and we’ll fight on your behalf to secure you maximum compensation.
You can get started with your distracted driving accident claim today by scheduling your free consultation. Contact us or call 410-753-4611.
