On average, there are over 16,000 car accidents a day in the U.S. Those are mainly concentrated in urban areas, like the city of Chicago, where over 800 accidents occurred per day in 2020.
Over 90% of these accidents occur due to human error, which has been a key point driving the creation of self-driving cars. That means that the majority of accidents could be avoided, but what about the other 10%? Sometimes car defects, health problems, or bizarre circumstances do lead to accidents where no one is really at fault.
So how can you determine whether it’s an accident or a case of distracted driving? Let’s investigate what the common differences are.
Absolute Accidents: Circumstances That Are Beyond Control
Defining a circumstance that’s beyond someone’s control can be tricky. That’s partially why most accidents end up being declared someone’s fault. With that in mind, here are a few examples of cases where no one may be to blame for an accident.
- Accidents caused by medical emergencies like a heart attack or seizure.
- Accidents where a contributing factor is a natural disaster like a flood or landslide.
- Accidents caused by mechanical failure that couldn’t have been predicted.
These aren’t the only types of accidents that can fall into this category. An attorney can advise you about what the laws have to say in your state.
Distracted Driving: The Leading Cause Of Accidents
Distracted driving is responsible for over 8% of car accidents involving a fatality. The most common form of distracted driving is cell phone use, which accounts for 1.6 million accidents every year. That cell phone use is mostly texting, which is to blame in 1 out of 4 wrecks in the U.S.
If a driver was on their phone at the time of an accident, they can be at fault due to distracted driving. Even if they aren’t 100% responsible for the accident, their phone use may still reflect badly on them if they end up in court.
Other forms of distracted driving include eating, listening to music, or being distracted by passengers in the vehicle. While doing these things isn’t illegal, they can be considered contributing factors when determining who’s at fault.
Avoid these situations when possible. If the situation can’t be avoided, consider pulling over until the distraction can be stopped. Distracted driving can take lives, so always weigh that when making decisions. Saving time by eating in your car really isn’t worth an accident, and neither is keeping the peace with people who don’t value your safety.
The best thing you can do to avoid an accident is to avoid distractions and focus on defensive driving, which is the practice of driving while being aware of all potential dangers.
If you’re in an accident, it’s advisable to not say anything that would admit fault until you’ve spoken with a lawyer.
Not At Fault: What To Do When The Other Driver Is Responsible
If you are currently dealing with an injury as the result of a car accident, and you believe the other driver was at fault, you could be entitled to compensation. Common injuries that could warrant legal action include back and neck injuries, joint damage, broken bones, and soft tissue injuries as well.
Those aren’t the only circumstances that can warrant a lawsuit. If you’ve been injured, emotionally harmed, or have had to pay for car repairs because of someone else’s mistake, you deserve to have your story heard. An attorney can give you advice about the best way to handle your case in the state you’re in.
Even if you aren’t at fault, it can be risky to go up against the other driver without representation. Without a lawyer, you could find yourself being blamed with no way to defend yourself. Because of that, it’s advisable to seek legal advice.
Hiring an attorney also usually leads to a better outcome in court, so you may find yourself winning more compensation than you had hoped.
Absolute accident or distracted driving? Sometimes it can be hard to tell, but now you know a little more about the differences between them, and having a trusted and experienced lawyer on your side will make things much clearer.
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