January 16, 2018

Legal News You Can Use: Smartphones May be Causing More Car Accidents


Suisman Shapiro Sponsored Post — Traffic safety advocates believe that smartphones are causing more deadly car accidents in Connecticut and across the U.S., but new federal statistics show that distracted driving deaths actually declined in 2016. What is going on?

According to the National Highway Traffic Safety Administration, only 448 people were killed in smartphone-related car crashes in 2015. That number dipped even further last year. However, traffic fatalities significantly rose the past two years, and a closer look at the data shows that half of all traffic deaths in 2015 involved cars that were driving straight ahead, rather than veering off the road due to weather or a blowout.

Safety experts believe that indicates that some drivers may have been distracted by their phones and simply plowed into something directly in front of them. This hunch correlates with numbers showing that pedestrian, bicyclist and motorcyclist deaths have risen sharply in recent years. For example, pedestrian fatalities rose 21.9 percent between 2014 and 2016. Over the same period, bicyclist and motorcyclist deaths jumped 15.2 and 15.1 percent, respectively. Meanwhile, studies show that smartphone use by drivers has continued to increase.

So why aren’t more traffic fatalities being classified as being smartphone-related? Experts say that some police investigators are overly focused on other accident causes, such as drunk-driving or speeding. Another problem is that it can be difficult to prove that a smartphone was responsible for a crash.

Car crashes caused by distracted drivers are a major problem in Connecticut. Individuals who are injured by a distracted driver have the right to pursue compensation in court. With the help of an attorney, it may be possible to obtain a settlement that covers medical expenses and other losses that have been sustained.

Source: Bloomberg, “Smartphones Are Killing Americans, But Nobody’s Counting“, Kyle Stock, Oct. 17, 2017

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Legal News You Can Use: Proving Negligence in a Car Accident Case

Photo by Samuel Foster on Unsplash

SPONSORED POST: To recover compensation in a car accident case, a plaintiff must satisfy the required elements of a negligence claim: duty, breach, causation and damages. Specifically, the plaintiff must persuade the jury that the defendant breached his or her duty of care, resulting in injury, by a preponderance of the evidence standard.

Element Two: Breach of Duty

As we discussed in a recent post, every licensed driver has a duty of care to operate his or her vehicle in a responsible manner. That duty includes abiding by traffic laws and paying attention to traffic and road conditions. Thus, the most contested element of a car accident case is usually not whether a duty existed, but whether the defendant driver’s actions breached that duty.

Types of Evidence in a Car Accident Claim

A plaintiff may use both direct and circumstantial evidence in a car accident case. Thanks to technology, there may be direct evidence of a defendant driver’s actions. For example, street cameras may have recorded the driver running a stop sign or red light. If a crash victim suspects that the other driver was texting behind the wheel, a subpoena to the driver’s cell phone carrier may confirm that suspicion. Many newer motor vehicles also contain an Event Data Recorder (EDR), or “black box,” which may have recorded speed and braking patters immediately before the collision.

Creating a Trial Narrative With Expert Testimony

Suisman Shapiro also has established relationships with accident reconstruction specialists. These professionals may offer testimony that interprets circumstantial evidence, such as skid marks, vehicle resting positions, EDR data, and the driver’s memories immediately before the crash. However, none of this evidence may be apparent without the skilled investigative efforts of a personal injury attorney.

The Law Firm of Suisman Shapiro focuses on this area of the law.

Source: Washington Post, “Study on drug-impaired driving gets pushback — from other safety advocates,” Fredrick Kunkle, May 1, 2017

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