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Defensive and Distracted Driving


“Defensive driving” is generally defined as an array of driving tactics which empower drivers to identify potential risks and hazards in predictable ways. Defensive driving involves awareness of a variety of foreseeable dangers on the road, and the most important of these is, arguably, intoxicated driving.

The Insurance Institute for Highway Safety (IIHS) claims that the single most dangerous driving day of the year has been, historically, the Fourth of July. In 2007, 926 people lost their lives in traffic accidents on this day alone; it is no coincidence that this is one of the year’s most prominent days for the consumption of alcohol. Other holiday periods also bring heightened risks for intoxicated driving, including Thanksgiving, Christmas vacation, and New Year’s.

Along with intoxicated drivers, distracted drivers present even more obstacles to staying safe on the road. Talking on a cell phone while driving makes an accident four times more likely, and texting while driving makes an accident eight to twenty-three times more likely. If you notice a nearby driver using a cell phone, eating, or engaging in other distractive behavior, do your best to distance yourself from the vehicle. If a nearby driver is driving recklessly and endangering the lives of others, have a passenger contact local law enforcement or do so yourself, if necessary.

Accidents involving distracted drivers are on the rise, and courts nationwide are offering little sympathy for drivers who cause accidents and injure others due to their own distraction. In 2011, a woman in Florida was hit and killed by a man who was texting on his cell phone while driving at a dangerous speed (Torres v. Cruz-Govin, 08-56892CA27, 2011 WL 10548970 (Fla.Cir.Ct.). The distracted driving expert in the case attributed the driver’s negligence to “inattentional blindness” and testified that texting while driving makes an accident eight times more likely, a conservative estimate compared to the widely-acknowledged eight- to twenty-three-fold range. The plaintiffs were later awarded $8.82 million in damages.

If you or a loved one has been injured in an accident involving a distracted driver, contact America’s Consumer Lawyer, LLC for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, America’s Consumer Lawyer is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

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