According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is a factor in 12 percent of injury-causing collisions. Distracted driving is a significant public health concern, and distracted drivers can be financially liable for the injuries they cause. If you have injuries from an accident with a distracted driver, an Alabama car accident attorney can help you understand and explore your options for pursuing financial compensation.
What Is Distracted Driving?
Drivers face several distractions behind the wheel, but are expected to focus and keep their attention on the road. When drivers focus their attention and concentration elsewhere, they drastically increase the risk of an accident.
Definition and Scope
There is no single legal definition of distracted driving in Alabama. Although commonly associated with cell phone use, the term can include any behavior that causes you to take your eyes and attention off the road. Distracted driving can come from both intentional and unintentional behaviors, and may involve external as well as internal distractions.
Why It’s Dangerous
Distracted driving is dangerous because it reduces your reaction time, making it more difficult for you to respond to emergencies. For example, if you are sending a text while driving, you may not notice a pedestrian in the crosswalk quickly enough to avoid a collision. The NHTSA estimates that sending a single text takes your eyes off the road for five seconds – long enough to travel the length of a football field at highway speeds.
Common Causes of Distracted Driving in Alabama
Activities that require attention and concentration can contribute to distracted driving. Below are some of the most common reasons for distracted driving.
Cellphone and Smartphone Use
Whether it’s texting or browsing social media, phone use is one of the most prevalent causes of distracted driving. Smartphones are ubiquitous nowadays, and some drivers just can’t resist checking their inbox or feed on the road. Drivers may also be distracted as they check directions or change their GPS.
Hands-Free Devices
Alabama law allows for hands-free devices instead of manual texting, but even hands-free devices cause distractions. Hands-free devices let you keep your hands and eyes on the road, but composing and speaking messages requires cognitive effort – effort that could be spent focusing on the road. According to one report from the National Safety Council, “inattention blindness“ from using a phone can cause drivers to not notice up to 50 percent of visual information in the driving environment.
Eating and Drinking
Eating and drinking involve several motions that can distract you from the road. You take your hands off the wheel to grab food and might look away from the road when taking a bite/drink. You might also take your eyes off traffic when you reach to put food and drink back down. Smoking and vaping can also cause you to remove your hands from the wheel by reaching for a lighter or taking a drag.
In-Car Entertainment and Controls
Phones aren’t the only technology in the car that can cause distractions. Modern cars have complex infotainment systems and consoles that provide information on music, cabin temperature, mileage, and more. Even though these technologies are designed to reduce phone usage, they can also serve as a distraction themselves.
Passenger Interactions
Passengers can also be a distraction. That doesn’t mean you should always drive alone, but be aware of interactions that can distract you. Children and pets, in particular, can divert your focus from the road if they are not properly secured while in transit. Note that drivers in Alabama aged 16 and 17 with a Stage II driver’s license can’t drive with more than one non-family passenger in the vehicle.
External Distractions
Many road distractions are located outside the vehicle cabin. External distractions, such as weather, traffic, and other objects, can divert focus from the road. For example, rubbernecking is a common phenomenon where drivers turn and crane their necks to look at nearby car wrecks, the great irony being that they are now more likely to cause distracted driving crashes.
The Most Dangerous Types of Distracted Driving Accidents
Distracted driving can lead to several types of accidents, many of which have high injury and fatality rates. Common accidents from distracted driving include:
- Rear-End Collisions – Rear-end collisions can happen when distracted drivers don’t notice the cars in front of them slowing down or stopping.
- Intersection Crashes – It’s very easy for a distracted driver to run a stop sign or traffic light and cause an accident with motorists in the intersection.
- Lane Departure Crashes – Distracted drivers might drift out of their lane and crash into adjacent or oncoming vehicles.
- Single-Vehicle Accidents – If a driver is distracted, they could crash into a fixed object, such as a curb, guardrail, or road obstruction.
Nighttime Distracted Driving Hazards
Driving at night presents additional distractions, which further reduce reaction times and stopping speeds. Drivers at night have a reduced field of vision and may also be distracted due to fatigue. Adjusting cabin lights or headlights is a common source of distraction when driving after hours. The increased presence of impaired drivers at night means that nighttime drivers must be extra vigilant to protect themselves and their passengers.
Alabama Distracted Driving Laws
Alabama doesn’t have specific distracted driving laws, but it does have laws concerning prohibited behaviors when driving an automobile.
Cellphone and Texting Regulations
Alabama Code 32-5A-350 prohibits the use of a wireless telephone or any other similar device to write, read, or send messages manually while driving. The ban applies to texts, emails, and any other form of written communication using an electronic device. Drivers can, however, use voice-to-text while driving and use their phone as a GPS, provided they don’t input directions while driving.
School Zone and Work Zone Rules
Drivers must slow down to 15 mph while driving through school zones and can face enhanced penalties for speeding. Similar reduced speed and enhanced penalties apply to work zones. Drivers must also stop for school buses and cannot pass other drivers in school zones (Ala. Code 32-5A-154 and Ala. Code 32-5A-86).
Legal Consequences of Accidents
Distracted drivers who cause accidents can be legally liable for injuries or death to others. In addition to civil liability, drivers can face criminal reckless driving charges if they displayed a wanton or willful disregard for others’ safety (Ala. Code 32-5A-190). Causing death through reckless driving is vehicular homicide and punishable as a Class C felony.
Risk Factors and Distracted Driving Statistics in Alabama
According to data from Drive Safe Alabama, nearly 90 percent of all traffic crashes are attributed to driver error, distraction, or inattention, whether physical or mental. Distracted drivers killed over 3,000 people and injured nearly 300,000 nationwide in 2023, the most recent year for which complete data is available. Simply texting and driving makes you 23 times more likely to get into an accident.
Teen drivers are particularly vulnerable to the risks of distracted driving. According to the NHTSA, among fatal crashes involving 15- to 20-year-olds, roughly 7 percent were distracted driving fatalities, a higher percentage than for any other age group. Teen drivers who admit to texting while driving are also more likely to engage in other risky behaviors, such as not wearing a seatbelt or drinking and driving.
Distracted driving is also a concern for commercial vehicles. FMCSA data shows that distractions contribute to about 5 percent of fatal truck accidents. Common distractions for truck drivers include inattention, talking on the phone, and objects/events outside of the vehicle.
There is also some evidence that distracted driving is more common on rural roads than on urban roads. A report from Cambridge Mobile Telematics found that drivers in more rural states, such as Alabama, had 10 percent higher distraction times. Although urban roads have more external distractions, rural roads may lure drivers into a false sense of security, causing them to lose concentration.
How to Prevent Distracted Driving
Below are some tips on how to prevent distracted driving and keep yourself safe from distracted drivers.
For Individual Drivers
Tips for individual drivers to avoid distracted driving behaviors include:
- Put your phone away or set up navigation before putting the car in drive.
- Store loose items that could cause distractions so you don’t have to reach for them.
- Refrain from adjusting the radio, seat, or rear-view mirror while the car is in motion.
- If you need to use your phone, pull off the road and come to a complete stop first.
- Keep your eyes on the road and regularly scan the horizon for oncoming hazards.
- Don’t multitask when driving (e.g., applying makeup, pouring drinks, etc.)
For Parents of Teen Drivers
Parents of teen drivers have to worry about their children’s inexperience and the potential for driving distractions. Parents should talk to their teens about the risks of distracted driving and make sure they understand Alabama’s texting and driving laws. Parents should also set a good example for their teens by avoiding distractions whenever behind the wheel.
Employer Responsibility for Fleet Drivers
Truck drivers who drive too many consecutive hours are at risk of falling asleep behind the wheel and causing accidents. To reduce the risk of fatigued driving, trucking companies are required to adhere to strict training and hours-of-service regulations. If a trucking company identifies a problem with one of its operators related to distracted driving, it has a responsibility to address it and reduce the risk.
Community and Government Efforts
Governments and communities have also stepped up to reduce the risks of distracted driving. The Alabama legislature updated its code in 2023 to enact a texting while driving ban that made texting a primary offense, which means officers can pull people over for it. The Alabama Department of Transportation has also launched several initiatives, such as Drive Safe Alabama, to educate drivers about the risks of distracted driving and promote distracted driving prevention.
The Role of Technology in Reducing Distracted Driving
Many vehicle manufacturers have begun incorporating technologies and systems designed to mitigate the risk of distracted driving. Technologies can range from systems that limit in-car phone app usage to driver assist options, such as automatic braking or lane assist. Many commercial fleets have begun using in-vehicle telematics to identify and reduce distracted driving behaviors in drivers. These technologies can reduce sources of distractions, notify distracted drivers of impending risks, and, in limited cases, intervene to avoid collisions.
Frequently Asked Questions About Distracted Driving in Alabama
Feel free to contact our attorneys if you have more specific questions about Alabama’s distracted driving laws.
What Counts as Distracted Driving?
Distracted driving can include any behavior that directs a driver’s attention away from the road in front of them and other motorists. Behaviors that take your hands off the wheel can also count as distracted driving.
How Much Is the Fine for Texting While Driving in Alabama?
Fines for texting and driving start at $50. In addition to fines, drivers will receive a point on their driving record. A third violation, combined with sufficient point accumulation, can result in a license suspension.
Are Hands-Free Devices Completely Safe?
No, although hands-free devices are safer, they are not entirely safe and can still distract drivers, potentially causing accidents. The best way to remain safe is to refrain from all cell phone use, even with hands-free devices.
Can You Sue Someone for a Distracted Driving Accident?
Yes, if a distracted driver causes an accident and injures you, you could file a lawsuit against them for your medical bills, lost work income, and other losses. Distracted driving is a type of negligence, and negligent drivers are legally liable for injuries they cause.
Contact Our Alabama Distracted Driving Attorneys to Learn More
Distracted drivers injure thousands of people annually in Alabama. If you have injuries from a distracted driver, Collins Law, LLC, can help you file a car accident injury claim to recover your losses. Contact our offices today to speak to a Birmingham car accident attorney . Consultations are free, so you have nothing to lose by getting in touch. We can answer your questions and discuss options for financial compensation.
