distracted
Distracted driving is one of the leading causes of traffic accidents, and its impact extends beyond the accident scene. It significantly affects insurance claims and premiums, leading to both immediate and long-term consequences.
This article will break down how distracted driving can influence your auto insurance coverage, rates, and legal exposure. If you were injured by a distracted driver, a Hobbs, New Mexico car accident lawyer can help protect your rights and hold the at-fault party accountable for your damages.
What Counts as Distracted Driving?
Distracted driving occurs when a driver’s attention is diverted away from the task of driving. This distraction can fall into three primary categories:
- Visual distractions: Taking your eyes off the road (e.g., looking at a phone or GPS).
- Manual distractions: Taking your hands off the wheel (e.g., eating, texting, or adjusting the radio).
- Cognitive distractions: Taking your mind off driving (e.g., talking to passengers or thinking about something unrelated to driving).
Common examples of distracted driving include texting while driving, using a handheld device, eating, or even talking to passengers. Insurance companies may use evidence such as police reports, witness statements, or cell phone records to determine if a driver was distracted at the time of the accident.
How Distracted Driving Affects an Insurance Claim
Claim Denial or Reduction
If a driver is found to be distracted at the time of an accident, it may result in a denied or reduced insurance claim. Insurance companies have the right to deny coverage if the driver violated traffic laws or acted negligently (e.g., by texting while driving). Additionally, if the driver’s distraction is considered a major contributing factor, they may face a reduction in compensation.
For instance, if a driver crashes into another car while texting, the insurance company might argue that the distracted driver’s behavior caused or worsened the accident. The payout could be reduced as a result of comparative negligence, where both parties share responsibility for the accident.
Fault Determinations
Distracted driving often plays a significant role in determining fault in an accident. If the distracted driver is deemed at fault, they may be required to cover the other party’s damages, medical expenses, and more. If both drivers were distracted, fault may be divided between them. The key factor here is the degree of distraction, and insurance companies will carefully analyze the evidence to allocate fault properly.
In some cases, a police officer may issue a citation for distracted driving, which can directly impact the determination of fault. In multi-car accidents, this may also influence how insurance settlements are divided among all involved parties.
Third-Party Claims
If the distracted driver’s actions cause significant harm or property damage, they may be personally liable in addition to their insurance coverage. This means that victims can file a lawsuit against the driver to recover additional damages if the insurance payout doesn’t cover their full losses.
Impact on Insurance Premiums
Insurance premiums are directly tied to the perceived risk a driver poses. If an insurer determines that a driver is more likely to cause an accident due to distracted driving, their premiums will likely increase. Here’s how:
Rate Increases
After a distracted driving incident, especially one where the driver is at fault, insurance companies typically raise premiums. The increase in rates is based on the severity of the incident and the driver’s previous history. On average, insurance premiums may increase by 20-30% for a driver cited for distracted driving. The more severe the accident, the higher the rate hike.
Points on Driving Record
Most states have a point system for traffic violations, including distracted driving offenses like texting while driving. Accumulating points on your driving record could cause your premiums to rise. In some cases, you may also be required to attend a traffic safety course or take corrective actions to lower the number of points on your record.
Loss of Discounts or Policy Renewal
Many insurers offer discounts for good driving behavior, such as a safe driver discount. A distracted driving citation or an at-fault accident can cause you to lose these discounts, leading to higher premiums. In some cases, your insurer may decide not to renew your policy altogether, leaving you to find new coverage at potentially higher rates.
Legal Ramifications That Affect Insurance
Aside from the direct effects on insurance claims, distracted driving can also lead to legal consequences that affect your coverage:
Distracted Driving Citations
A distracted driving citation is considered a traffic violation in most states. This citation may lead to a fine and points on your driving record, which, in turn, can affect your premiums. In some cases, repeat offenders may face increased fines, license suspension, or other penalties.
Criminal Charges
If the distracted driving incident results in severe injury or death, the distracted driver may face criminal charges, including reckless driving or vehicular manslaughter. Criminal charges not only have legal consequences but also affect insurance coverage and liability. In such cases, victims may pursue civil lawsuits in addition to insurance claims.
Civil Liability
In severe cases where injuries or fatalities occur due to distracted driving, the driver may be held personally liable for the victim’s losses. This liability may exceed the driver’s insurance coverage, and the driver could be sued for damages, which can further affect their ability to secure affordable insurance in the future.
How to Handle an Insurance Claim After a Distracted Driving Accident
If you’re involved in an accident caused by distracted driving, here are some steps to ensure your claim is handled effectively:
- If you were the distracted driver: Report the incident truthfully to your insurance company. Be aware that your premiums may increase, and you may face legal consequences.
- If the other driver was distracted: Gather evidence such as police reports, witness statements, and any footage or images that show the other driver’s distraction. If you can prove the other driver was distracted, your insurance company may be able to pursue compensation from them.
- Document the accident: Take photos of the scene, gather contact information from witnesses, and file a police report. The more evidence you have, the better your chances of receiving a fair settlement.
How to Protect Your Insurance Rates
Preventing distracted driving not only keeps you safe but also helps protect your insurance rates. Here’s how to minimize the risk:
- Avoid distractions: Never use your phone or engage in other distractions while driving. If necessary, pull over to a safe location before using your phone.
- Take a defensive driving course: Some insurers offer discounts for completing an approved course, which can help you avoid future incidents and demonstrate good driving habits.
- Use driving apps: Many apps block texting and calling while driving, ensuring you remain focused on the road.
When to Contact a Lawyer
If you’re involved in a distracted driving accident, particularly one that results in serious injuries or damages, it’s advisable to consult a personal injury attorney. A lawyer can help you navigate the complexities of the insurance claims process, negotiate on your behalf, and even file a lawsuit if necessary.
When choosing an attorney, bring all relevant documentation, including accident reports, medical records, and communication with your insurance company.
Distracted driving not only jeopardizes your safety but also has serious financial implications, especially when it comes to insurance claims and premiums. By understanding the potential impact on your insurance and taking steps to avoid distractions while driving, you can protect yourself and your financial future. If you’re involved in a distracted driving accident, don’t hesitate to contact a legal professional to ensure your rights are fully protected.
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