Distracted Drivers FAQs

Q: What exactly is distracted driving?

A: Distracted driving occurs when a driver is giving more attention to other activities rather than driving his or her vehicle.  These activities include eating or drinking, text messaging, talking on the phone, adjusting the radio, putting on makeup, etc.

Q: What are my rights after being injured in an accident cause by a distracted driver?

A: Someone who is injured in an auto accident caused by a distracted driver may have the right to recover damages. Distracted driving is considered to be a negligent and incredibly dangerous act. With over 50 years of representing Connecticut car accident litigants, the law firm of Jackson O’Keefe understands how the unique circumstances of your collision require careful and compassionate representation.  We are also familiar with the very recent legal changes regarding distracted driving in this emerging, troubling area of injuries and death on the roads.

Q: How can you prove distraction?

A: Even though a driver may have been distracted at the time of the accident, he or she may say otherwise or may believe that they were fully aware of the situation. A lawyer can ask the right questions to get the facts straight.  They may attempt to secure the drivers phone records at the time of the accident to support any claims that the he or she was distracted.  Accident reconstruction and eyewitness testimony are also helpful.

Q: What is Connecticut’s Distracted Driving Statute?

A: The Connecticut statute as a whole prohibits the operation of a vehicle while using a hand-held mobile telephone to engage in a call; while using a mobile electronic device; or while typing, sending or reading a text message with a hand-held mobile telephone or electronic device. It will be presumed that you are making a call if you have the cell phone near your ear. Young drivers and commercial drivers face stiffer penalties and greater restrictions.   

Q: How are distracted driving accident cases different than a typical car accident?

A: Distracted driving accidents are considered to be an act of negligence and possibly reckless driving.  This can lead to prosecution of the distracted drivers for the offense of careless driving, reckless driving and reckless endangerment.  These types of cases may be handled as severely as drunken driving accident cases.  

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