Old fashioned distraction is a significant cause of crashes

A strong legal claim requires a thorough analysis of the facts under the applicable law. Yet persuasive advocacy requires more than just legal analysis. A jury in a personal injury trial is inundated with a potentially overwhelming amount of information: facts, witness accounts, evidentiary rulings and instructions from the court. The amount of information could be overwhelming.

In the hands of a skilled attorney, fortunately, the theory of the case can be distilled into a manageable amount of information. Our personal injury law firm has the experience to present our theory of the case to the jury in a compelling and persuasive manner. We have a sense of how a jury in a motor vehicle accident case might interpret evidentiary testimony and exhibits.

Yet evidence of negligence may not always be apparent, at first blush. Consider the example of distracted driving. The dangers of cellphone use behind the wheel have received considerable media attention of late, and for good reason. However, safe driving requires more than just refraining from texting and driving. A driver should not have a false sense of assurance simply because he or she is refraining from using a cellphone.

Indeed, the duty of safe driving requires constant attention to changing traffic conditions, road or other environmental conditions, and potential dangers. Even having a conversation with passengers could be dangerous if it unreasonably distracts a driver. Unfortunately, data from the National Highway Traffic Safety Administration confirms that many drivers are unable to safely focus on their driving while carrying on small talk: about 57 percent of distracted driving crashes are caused by the driver having conversations with passengers.

Source: Washington Post, “This surprising activity is more dangerous than using your phone while driving,” Jacob Bogage, June 23, 2016