The popularity of the augmented reality game, Pokemon Go, has risen since its release earlier this year. Not just for kids, this Pokemon game has appealed to all ages. One of the positive benefits of it’s release was encouraging people to go outside their houses and get exercise while searching for these Pokemon creatures.
Unfortunately, people’s obsession with “catching them all” created game addicts who become too consumed with catching Pokemon to the point where they get distracted while on the road. Distracted driving and Pokemon Go has resulted in a number of accidents, and the game is still new. According to Distraction.gov, 3,179 people were killed in distracted driving crashes in 2014, and that number continues to rise as new things (like Pokemon Go) compete for drivers’ attention.
Being fully aware of the danger of distracted driving can lessen or avoid any possible incidents on the road. Therman Law Offices aims to share awareness about distracted driving, and things that you should do if you find yourself in an accident caused by distracted driving.
What is Distracted Driving?
Let’s talk about distracted driving in a general sense. Simply defined, distracted driving is driving while doing other activities that splits or diverts the driver’s attention.
Because of this, distracted driving is very dangerous. According to NOPUS, across America, at least 660,000 drivers are reported to be using phones or other devices while driving, and that number has been steadily increasing since 2010. Sadly, according to NHTSA, 38% of the distracted drivers who use cell phones while driving are involved in fatal crashes.
Types of distraction while driving include:
- Using a cellphone or smartphone in any way (this is where distracted driving and Pokemon Go fit together)
- Eating and drinking
- Talking to passengers
- Reading (maps included) or using a navigation system
- Watching videos
- Adjusting music, radio, or CD player
- Applying makeup
Some driving distractions are worse than others. Texting is considered to be the most dangerous distraction because the activity involves visual, manual and cognitive attention.
How to prove an accident was caused by distracted driving
If you get into a car accident that is not your fault, it is important that you gather evidence that proves that the other driver wasn’t paying attention in a way that resulted in the accident.
There are a number of ways to go about proving that the accident was caused by distracted driving. The easiest way is if the driver at fault admits it. Obviously, this rarely happens because it is advisable to not admit faults or guilt immediately after the accident. Therman Law Offices advises clients that are at fault to follow this line of thinking.
Sometimes someone admits fault without meaning to, like blurting out that they were doing something, and that’s why they didn’t notice the red light. Others might want to admit the fault and be honest with their mistake. Admitting fault ultimately comes down to how individuals react in the heat of the moment.
Another way to prove that someone was at fault for distracted driving is by getting witness testimonials. Bystanders and other drivers or passengers who are at the scene can serve as witnesses and give their statement regarding the accident. These bystanders may have noticed that the other driver was occupied with something else, and that directly affected the person’s ability to drive.
Another tried and true way to prove distracted driving? Cell phone records. A lawyer can subpoena these in court to support the claim that the driver was using his phone during the accident.
Finally, video or photo evidence of distracted driving may be available – cameras are everywhere. This media might come from police dash cams, videos from bystanders, and surveillance cameras.
Playing your favorite game should be fun, not to lead to unfortunate event that involves injury… or death. Put your phone away while driving, and save the Pokemon adventures for when your car is safely parked and off. Distracted driving and Pokemon Go is truly risky and dangerous.
If you got caught into an accident even after taking precautions, call us at Therman Law Offices and we will help you. Our lines are open 24/7 to help talk you through a tough situation!