In 2010, Congress established April as Distracted Driving Awareness Month, and since then, communities have used this month to emphasize this major risk and remind drivers to focus on the roadway.

Common Distractions

While considerable attention is given to the use of cell phones, distraction takes many forms. Any action that causes even a momentary lapse in attention behind the wheel can have serious consequences. This includes adjusting the GPS, tuning the radio, eating, drinking, interacting with passengers, and simply daydreaming. Distracted driving is generally separated into three categories that often overlap:

•       Visual: taking your eyes off the road
•       Manual: taking your hands off the wheel
•       Cognitive: taking your mind off driving

Engaging in an activity within these categories draws attention from the road, putting the driver and those around them at risk of injury or death. Any activity that diverts attention from driving, no matter how minor, can have life‑altering consequences.

Tips for Avoiding Distractions

Many of the things that pull attention from the road are the result of momentary lapses in judgment or bad habits developed over years of repetition. The best prevention is through conscious and deliberate decision-making to avoid engaging in distracting behavior. Still, it is understood that breaking bad habits can be difficult, and there are things drivers can do to prevent judgment lapses and help ensure they are operating the vehicle in a focused and safe manner.

First, adhere to the laws regarding cellphone use behind the wheel, even if they do not apply in your state. Nearly all states ban texting while driving, which is a major cause of distraction. Many states have gone further by requiring drivers to be “hands-free,” making it illegal for drivers to hold a phone while operating the vehicle. Eliminating this conduct helps maintain visual, manual, and cognitive focus on the roadway.

Drivers can further avoid the distraction of a cell phone by setting it in “do not disturb mode,” preventing audible notification that may tempt a quick glance or short reply. Those temptations are reduced even more if the phone is placed in an area of the car that is not reachable from the driver’s seat.

In addition, drivers can prevent other forms of distraction by presetting playlists and radio dials and entering the location in the GPS before getting on the road. Drivers should also consume any food and drink before leaving and designate a co-pilot to handle distracting tasks when driving with a passenger. Finally, if there is something that is likely to draw your attention from the road which cannot wait a driver should pull over and complete the task before re-entering the roadway.

The Toll of Distracted Driving

In the most recent year for which data is available, 2019, NHTSA estimated the economic cost of all distracted driving crashes in the United States was $98 billion. When factoring in the lost quality of life to those who are injured or have lost a loved one, this number increases to $395 billion.

While the economic toll is significant, the numbers do not measure the tremendous mental and emotional toll carried by the impacted individuals, their families, and the community. According to the most recent data from NHTSA, distracted driving resulted in 3,208 deaths in 2024 and caused over 315,000 injuries. Those numbers represent lives impacted due to the decisions of others, each of which were preventable if the drivers had been paying attention.

What to do in the Event of a Collision

While continued awareness of this problem is very important, it is also important that victims and families have clear, practical guidance on what to do after a distracted driving collision and how they can ensure that the rights of themselves and their loved ones are protected.

The number one priority of any person struck by a distracted drive is their health and safety. When involved in a collision you should always first consider your immediate injuries and surroundings. When the situation permits, and if you are able, take these steps at the scene and shortly afterward to protect your well‑being and to preserve information relating to the collision:

Immediate priorities after the collision

1. Call 911. Request medical assistance and ask for law enforcement to respond. A police collision report can be crucial later.
2. Exchange information. Obtain the other driver’s name, contact details, license plate, insurance company, and policy number.
3. Be kind, not inquisitive. You can check on the status of the other driver and passengers, but you should avoid discussing details of the collision. However, be aware if the other driver makes any comments that may be an explanation of cause or admission of fault.
4. Document the scene. Take photos or video of vehicle positions, damage, road conditions, traffic controls, skid marks, debris, weather, and visible injuries.
5. Stick to the facts. Provide factual information to the police based on your best recollection, but do not speculate or make assumptions.

Things to do after leaving the scene

1. Contact your own insurance. As soon as practical, you should notify your own insurance. In most cases, the first policy that will pay medical bills is going to be your own, and you want to ensure they are aware of the collision as soon as possible.
2. Seek medical evaluation. Some serious injuries are not immediately obvious. Timely diagnosis can help better treat those hidden issues and help create a documented link between the collision and the injuries.
3. Preserve evidence. Save photos and videos, and when applicable, any dashcam footage, rideshare trip data, vehicle telematics, or other data that may have documentation related to the collision.
4. Provide necessary information. While you should provide factual details to police, first responders, and medical providers, if you are contacted by any representative of the other driver, you should not discuss the details of the collision and only provide minimal necessary information for purposes of contact to all them to establish a file.
5. Avoid social media. Do not post about the collision or injury on social media. Any information put into the public domain can be used against you.

 Ongoing consideration post-collision

1. Listen to the professionals and listen to your body. In the weeks and months following the collision, it is important to follow the advice of your medical professionals and be honest with them about your injuries and your recovery.
2. Be consistent. If injuries persist, you should remain consistent with treatment and efforts to improve. Consider how your body is responding to treatment during the recovery process and request new recommendations or seek second opinions if injuries persist.
3. Be aware of the mental and emotional impact. Injuries resulting from a car collision are not just physical. Often, an injured person experiences a significant mental toll that can manifest in different ways. Be aware of these impacts and their relation to the collision. When possible, document the significant emotional effects. Do not hesitate to seek help when necessary.

The Right to Compensation

When a distracted driver causes an injury, the injured party is almost always entitled to financial recovery for the damages they suffer as a result of that collision. Damages can take many forms and the potential recoverable damages in a distracted driving claim may include past and future medical expenses, lost income, loss of future earning capacity, past and future pain and suffering as a result of the collision, and certain out-of-pocket costs reasonably related to the collision. In the unfortunate event that the distracted driver causes the death of another person, the family or loved ones of the deceased may pursue wrongful death damages against the distracted individual. In almost all cases, the claims against a distracted individual will be defended and resolved with the insurance company.

Summary

Distracted driving is preventable, and Distracted Driving Awareness Month provides a great reminder to us all that the decision to divert attention from the road can have substantial consequences for the driver or others on the road. When getting behind the wheel of a vehicle, put the phone away, set your route before you go, and keep your eyes and mind on the road. If a distracted driver injures you, taking the right steps early can protect your health and your legal rights. Clear documentation, timely notice to insurers, and adhering to the doctor’s advice and working toward recovery are the foundations of a successful claim.

If you have questions about a specific situation, please feel free to reach out for a free consultation to review the facts, consider coverage options, and determine the best path forward.