The National Safety Council estimates that driver distraction has killed tens of thousands of people just in the last few years. Unfortunately, the truth of exactly how many is unknown, due to the fact that these incidents are vastly undercounted. The primary reasons for this include that:
Distraction is difficult to observe and measure.
It involves fast-emerging entertainment technologies and advanced driver assistance systems.
These are the same factors that can make it difficult for an auto accident lawyer to establish crash liability based on the defendant driver’s distraction, though that may not always be necessary. For example, an at-fault driver runs a red light because they were texting and driving. Even if we cannot prove they were texting, running a red light itself is a violation of the law and evidence of failure to exercise appropriate caution when driving – so the case could be made without that element.