Have you or a loved one been affected by a distracted driving incident?

It only takes a moment. An approaching driver hears a notification and reaches for their phone from the cup holder. You are driving the speed limit heading in the opposite direction, and in a split second, they drift across the center line and directly into your vehicle.

Smartphones and connected vehicles are, in many ways, the epitome of convenience and technology, but in other ways, they introduce a new level of danger to our public interactions due to their inherent distraction. Yes, drivers have been distracted forever: eating, looking at sights instead of the road, daydreaming; however, we live in a world that is constantly delivering messages and alerts from morning to night, and even with safe driving protocols like “Do Not Disturb” and “Driving” modes, it can be a challenge to stay focused.

Our experienced legal team is here to help you navigate the complexities of your case and pursue the compensation you deserve. In some cases, it can be your word against the distracted drivers to prove that they were distracted, so it’s important to work with an experienced, aggressive attorney who can build a solid case and take on the insurers to get you what you are rightfully owed.

Contact us today for a complimentary consultation, and continue reading to discover the alarming statistics behind distracted driving accidents in the United States.

Key Statistics on Distracted Driving

Distracted driving comes in many forms, but most of us immediately think of people using their phones. Yes, this is a very common type of distracted driving, but every day across the country, people put on makeup, eat breakfast, write notes, and look at maps while they are supposed to have two hands on the wheel and their eyes on the road.

• In 2023, 3,275 people were killed and an additional 324,819 were hurt in accidents that involved distracted driving, according to the Department of Transportation
• Distracted driving crashes made up 8% of all fatal crashes and 13% of injury accidents
• Around 611 non-occupants (pedestrians, cyclists, others) were killed in distracted driving accidents in 2023

Distracted Driving By Age

Teen Drivers Aged 15-20

• 7% of fatal accidents with young people between the ages of 15 and 20 were caused by distracted driving in 2023
• Drivers under the age of 25 are more likely, compared to older drivers, to report that they have drifted out of their lanes or the roadway because they were texting
• In 2023, 30% of young drivers 15 – 20 years old who were killed in crashes had BACs of .01 g/dL or higher

Young Adults Aged 21 – 29

• Drivers between the ages of 21 and 24 are involved in a higher percentage of fatal distracted driving incidents compared to older age groups, at about 39% compared to just over 15% in the 65+ age group.

Adults Aged 30 – 64

• Distracted driving behavior — and associated accidents — decrease with age, but a significant number of older adults still engage in these risky activities, such as texting, eating, adjusting the radio, reaching for items in the backseat, or other behaviors that divert their attention from the road.

Seniors Aged 65+

• This driving group has the lowest incident rate of distracted driving accidents reported, but nobody is immune to distractions behind the wheel.

Distracted Driving Over Time

Between 2011 and 2023, there have been notable fluctuations in distracted driving fatalities, but a steady increase has occurred due to the ubiquity of smartphones and the increasing complexity of in-vehicle technologies. Many criticize manufacturers’ moves away from physical knobs and buttons to touchscreens for things like heating and radio controls, noting the irony that using a phone while driving is illegal in most states, but something as simple as changing the in-car temperature requires the same type of attention when there aren’t buttons and knobs.

Some people report watching YouTube on a phone mounted to their dashboard, and in-car infotainment is a growing risk as people become increasingly distracted in their daily lives, not just behind the wheel. When cellphones were first introduced to the general public in the late 1980s and early 1990s, people immediately realized that there was a risk associated with dialing a phone number. By the early 2000s, as texting became a popular form of communication, these distractions became increasingly apparent, and states began to explore legislation aimed at restricting phone use while driving.

When the iPhone was introduced in the summer of 2007, the smartphone era began, and so did a drastic increase in ways your phone could distract you. Notifications no longer just meant that someone was either texting or calling — it could be a game asking why you haven’t played lately, an email about an upcoming sale, or a funny picture from a friend.

In the 2020s, many vehicle manufacturers have brought touchscreen dashboards into the cockpits of cars, increasing the number of potential distractions from your car itself, adding another layer to the fight against distraction. Voice-to-text has attempted to resolve some of these interactions, but the ability to avoid potential distractions continues to get increasingly harder as technology evolves.

Notable Distracted Driving Statistics by State

Distracted driving continues to be a major threat to road safety across the United States, with certain states experiencing disproportionately high rates of distraction-related accidents, injuries, and fatalities. Nationally, in 2023 alone, over 3,275 people lost their lives, and more than 324,000 were injured in crashes involving distracted drivers. These incidents accounted for approximately 8% of all fatal crashes and 13% of injury crashes, underscoring the gravity of this widespread issue.

Florida ranks among the top three states with the highest number of distracted driving accidents. In 2023, more than 56,000 crashes in the Sunshine State were attributed to some form of driver distraction. Despite state laws, such as the Wireless Communications While Driving Law, which prohibits the use of handheld devices in work and school zones, distracted driving remains a leading cause of collisions. Law enforcement can now stop and cite drivers solely for texting while driving — a step aimed at curbing the trend, but with mixed results due to enforcement challenges.

In Texas, the issue is equally alarming. The Lone Star State reported over 400 distracted driving deaths in 2023, making it one of the deadliest states for such accidents. Although texting while driving is banned statewide, the law still allows for handheld use in many areas, and this legislative gap contributes to ongoing risks on Texas roads.

California enforces a comprehensive hands-free law, and while that has led to increased public awareness, distracted driving still caused approximately 10,000 injury crashes and over 100 fatalities in 2023. The state continues to invest heavily in public service campaigns and targeted enforcement efforts aimed at reducing phone use behind the wheel.

New York, by contrast, has seen a gradual decline in distracted driving-related fatalities thanks to strict enforcement and ongoing education efforts. Handheld device use while driving is a primary offense, meaning police can pull drivers over for it alone, without needing to witness another infraction.

These state-specific statistics show that while laws and education can make a difference, distracted driving remains a pervasive threat — one that requires strong enforcement, personal accountability, and legal action when accidents occur.

Real World Impacts: What Distracted Driving Accidents Really Look Like

When a rideshare driver toggles apps to find their next fare and rear-ends a vehicle at a red light, it doesn’t end there: the person in the lead car may suffer for years to come, or for the rest of their life. Injuries like whiplash, airbag injuries, lacerations, broken bones, and more can all have lasting effects that go beyond the initial recovery period, and it’s up to an attorney to quantify these future impacts when it comes time to get the money you deserve from either a settlement or lawsuit.

Something as minor as a fender-bender can have significant impacts on victims of any age, and it goes without saying that a high-speed collision can effect not just the people in the vehicles, but the loved ones who then need to support injured family members or mourn the loss of the victim of a distracted driving accident.

How Distracted Driving Differs from Other Types of Reckless Driving

There are numerous irresponsible behaviors behind the wheel of a vehicle, but distracted driving occupies a unique space in that it can occur in many different ways, and not all of them are necessarily conscious decisions. Compared with someone as black-and-white as getting behind the wheel after too many drinks, distracted driving can be much harder to enforce. The same is true for speeding, where there is a tangible number and physical evidence of the speed that clearly indicates a law was broken.

Alcohol and other drugs impair the user through chemical changes in the body, and most can be easily detected through tests that help support a victim’s claim. Speeding, too, can often be proven through corroborating reports, accident analysis, and more. Compare that to something like a driver drifting off into a daydream and hitting a pedestrian in a crosswalk: while it’s clear that something went wrong and the driver is at-fault for ignoring important safety laws, proving the exact cause of distraction can be trickier, which defense attorneys and insurance companies will point back to when working to downplay your claim or deny you the compensation you deserve.

When there’s no BAC (Blood Alcohol Concentration), no skid marks, and no witnesses, distracted driving can be harder to enforce and harder to demonstrate in court. There are ways to build a clear case, such as submitting data requests to phone providers or compelling an admission from the at-fault driver, but all of these steps require experience, diligence, and commitment — something best left to a distracted driving attorney.

Legal Consequences of Distracted Driving

The problem with laws is that they don’t prevent someone from unlawful behaviors, which is why we still have to fight for compensation for so many victims of distracted drivers. They do serve to dissuade drivers, and the hope is that if someone gets into legal trouble for distracted driving once, they’ll think differently about engaging in that behavior a second time. Here are some of the possible consequences of distracted driving:

Traffic Citations

Many police departments conduct patrols to look out for people who are on their phones, eating, reading, or engaging in other distractions. When they identify the behavior, they’ll pull the driver over and issue a citation. The amount of money owed for the citation will depend on several factors, including local laws, the nature of the distraction, and other relevant considerations.

These citations also often lead to increased insurance premiums.

Civil Liability

This is where Kanner & Pintaluga come in. Drivers who cause an accident and injure other people as a result of their distracted driving may be liable for civil damages that cover costs, including, but not limited to, medical bills, lost wages, property damage, and more. Insurance companies will fight to pay as little as possible for their policyholders’ claims related to dangerous driving, but we’re here to fight for the money you truly deserve.

Criminal Charges

In some instances, particularly in fatal cases or ones where there is serious injury, there are criminal charges that may be filed against the at-fault driver. Oftentimes, civil cases run alongside criminal cases, and so you may be involved in both at the same time. However, the burden of proof in a criminal case is much higher than in a civil case, and the outcome of one does not impact the outcome of the other.

How To Prove Distracted Driving in a Lawsuit

Proving that the driver was distracted and the distraction caused the accident can be challenging, and insurance companies will often exploit this complexity to avoid paying either the full amount or any compensation at all. Our legal team has numerous tried-and-true methods for obtaining evidence, and the path forward will depend on the specifics of the case. These tactics include:

• Phone records through a subpoena
• Surveillance footage
• Witness testimony
• Phone activity logs
• Sworn affidavits
• Depositions

It’s essential to secure this evidence early so we can proceed with building the rest of your case without this major factor hanging over our heads. Additionally, records such as surveillance footage may be automatically purged, and witnesses often have limited memories that can become fuzzy over time.

Preventing Distracted Driving: What Actually Works?

There are numerous innovations and attempts to curb distracted driving, ranging from “Do Not Disturb” settings on phones to pre-set navigation, voice control, and more. However, these are, more or less, “opt-in” behaviors that a driver can override or ignore when it comes to actually engaging in safe driving behavior.

Parents of teens — the highest-risk group when it comes to distracted driving — can model good behavior by using these safety features and showing that there is never a text message or email that’s so urgent they need to respond while on the road. Teens will do what they see, so your responsibility as a parent is to help your child understand how to keep themselves and everyone else on the road safe.

Employers can utilize fleet monitoring software that includes dashcams aimed at both the road and the driver, which should be paired with clear distracted driving policies.