If you have been injured in an auto accident caused by a distracted driver, you are most likely dealing with a slew of unpaid medical bills, lost wages, and emotional distress. Regardless of whether the at-fault party was texting while driving, fatigued, or distracted by their GPS, proving liability is essential to recovering compensation.
Insurance companies face numerous claims annually from those who have been injured in distracted driving accidents. Knowing what it takes to prove a distracted driving case can help you make informed decisions regarding your case.
This article serves as a guide to the various types of Portland distracted-driving accidents, why they are so dangerous, and what you should do immediately after a collision occurs.
What Is Distracted Driving and the Three Types
We all have heard about the dangers of distracted driving. Under Oregon law, distracted driving is any activity that diverts a driver’s attention from safely operating a vehicle. But many Portland residents are unaware that distracted driving can be broken down into three distinct types.
The National Highway Traffic Safety Administration (NHTSA) classifies distracted driving into three distinct categories:
- Visual Distractions: Taking your eyes off the road.
- Manual Distractions: Removing your hands from the steering wheel
- Cognitive Distractions: Taking your mind off driving
Texting while driving is especially hazardous because it creates simultaneous visual, manual, and cognitive distractions. Texting while driving is the leading cause of motor vehicle accidents in Oregon and nationwide.
Visual Distractions
Some of the most common visual distractions that lead to accidents include:
- Looking at the phone, GPS, or passengers
- Looking at or for objects in the vehicle
- Rubbernecking at accidents or events occurring near the roadway
- Reading signs or billboards
Manual Distractions
Manual distractions are especially dangerous as they result in a driver taking one or both hands off the wheel and include:
- Manipulating or holding a phone
- Adjusting the radio, mirrors, or climate control
- Eating or drinking while driving
- Attempting to reach for objects in the vehicle
Cognitive Distractions
Cognitive distractions occur when the driver’s mind is focused on a mental task instead of operating the vehicle. Common examples include:
- Being lost in thought or daydreaming
- Fatigue or drowsiness
- Emotional distress or intense conversations with passengers
Oregon’s Distracted Driving Laws
Oregon has strict distracted driving laws, including ORS 811.507, which prohibits operating a motor vehicle while using a mobile electronic device. Some of the key provisions in the statute include:
- Applies to drivers of all ages
- Electronic devices such as phones, laptops, tablets, GPS, and similar items
The primary exceptions to the state’s distracted driving laws include using hands-free devices for those 18 and older while legally parked or calling 911 to report an emergency.
Penalties include:
- First offense: Charged as a Class B traffic violation, and a fine up to $1,000.
- Second offense within 10 years: Charged as a Class A traffic violation, and a fine up to $2,000.
- Third or subsequent offense, or if distracted driving leads to a collision: Class B misdemeanor, a fine up to $2,500 and up to 6 months in jail.
Oregon has some of the strictest distracted driving laws in the nation, and they apply to any use of a mobile device, not just texting. Consequently, the Portland Police Bureau prioritizes enforcement of distracted driving laws across the metro area.
Proving Distracted Driving in an Oregon Personal Injury Case
If you have been injured in a distracted driving case, proving that the other driver is at fault can strengthen your personal injury claim. An attorney has the knowledge and resources to subpoena cell phone records, which can be invaluable in proving your case. These call and text logs can show the activity that was occurring at the time of the crash.
Other critical evidence that can be used to build a solid distracted driving case includes:
- Statements made by the at-fault driver
- The police report identified that distracted driving was a contributing factor.
- Witness testimony from passengers or bystanders
- Dash cam or surveillance footage
- The event data recorder (EDR/blackbox) data that shows the other vehicle’s speed and braking patterns that occurred before the crash
If a citation is issued for distracted driving (ORS 811.507), it can help to support a negligence per se argument. Additionally, under the state’s modified comparative negligence law (ORS 31.600), the distracted driver’s assigned percentage of fault directly affects compensation.
What to Do If Hit by a Distracted Driver and Oregon Penalties
If you are involved in a collision with a distracted driver, there are several essential steps that you should follow:
- Call 911 to report the crash. Be sure to mention that you observed the other driver using their phone.
- Document the accident scene by taking photos and videos of vehicle damage, the other driver’s phone position in their vehicle, and skid marks.
- Obtain contact information from witnesses.
- Do not admit fault, discuss the accident, or post photos of the accident on social media.
- Seek medical attention immediately.
You should also contact an experienced personal injury attorney as soon as possible to review the evidence, as you have only 2 years under Oregon law (ORS 12.110) to file a claim. Even if the distracted driver is issued a citation, it does not mean you will automatically win a civil case, but it is strong evidence to use when seeking compensation.
Additionally, under the state’s negligence per se doctrine, an injured party can establish that a driver is automatically negligent if they broke a safety law.
But civil cases differ from criminal charges, and medical expenses, lost wages, and pain and suffering are paid for by the at-fault driver.
If you have been injured by a distracted driver, the most effective strategy is to contact a personal injury attorney immediately. Contact Tillmann Law today at (855) 503-5035 to schedule a free consultation
