Distracted driving is a major factor that contributes to many car crashes in Kentucky. In 2014 alone, there were over 54,000 crashes involving distracted drivers. These crashes led to 14,000 injuries and 169 fatalities. The National Highway Traffic Safety Administration has determined that 80% of all crashes occur within three seconds of drivers becoming distracted in some way. If you have been in a car crash, the statistics show that distracted driving was probably involved to some degree. Because of this, it is important that you understand the laws that surround distracted driving in Kentucky. It is helpful to educate yourself on these laws whether you have been injured in an accident, you have caused an accident, or even if you are not sure who is to blame.
What Constitutes Distracted Driving in Kentucky?
First of all, it is important to understand what actually “counts” as distracted driving in Kentucky. Distracted driving is divided into three main areas:
- Visual Distractions: Anything that takes your eyes off the road
- Manual Distractions: Anything that makes you take your hands off the wheel
- Cognitive Distractions: Anything that affects your mind in such a way that you are no longer concentrating on driving your car
Here are some specific examples of distracted driving:
- Texting while driving
- Eating
- Drinking
- Smoking
- Having a conversation with another person (includes both phone calls and conversations with car passengers)
- Reaching around in your car for objects
- Doing your makeup
- Combing your hair
- Reading books
- Adjusting the controls for your music
- Using any electronic device
- Tending to your children
- Tending to your pets
What are the Laws that Govern Texting While Driving in Kentucky?
One of the most common forms of distracted driving in recent years is texting while driving. Kentucky has a number of specific laws that focus on this issue. Texting while driving is illegal. However, there are a few notable exceptions. These laws are only in effect when the car is in motion, which means you can text at a red light in most cases. You can also use a headset or a handheld device while driving. In addition, you may use a GPS device while driving, and you may manually enter the name of an individual you wish to call while driving. Finally, texting is allowed if you are reporting illegal activities or summoning medical help.
What Happens if I Was Injured in a Car Accident and Distracted Driving Was Involved?
If you have been injured in a car accident that was not your fault, you likely have an excellent case if distracted driving was to blame. You should speak with a qualified legal expert who can help you receive compensation.
If you were distracted while driving and you were injured in a car accident, you can still receive compensation. This is because Kentucky is considered a “pure comparative negligence state,” which means that the jury or judge will determine the degree to which an accident was your fault. For example, you may have been texting and driving while perfectly obeying traffic laws. If another car comes speeding along and runs a red light before smashing into you, the jury will still likely rule in your favor, regardless of whether you were texting or not. In this case, they might find that you were 10% negligent, which means you receive 90% of the compensation you would have received had you not been texting at the time of the accident.
Getting Legal Help
If you have been injured in a car accident, it is important to get the legal help you deserve. Reach out to Roberts Law Office today.