What a Distracted Driving Case Looks Like

Our client is a victim of distracted driving.

In only a second or two, her life was turned upside down after being struck by a distracted driver. It can happen to you too.

She did nothing wrong and is an innocent victim. Here’s what happend.

As she did every night after getting home from work, our client was lawfully walking across the parking lot driveway at her townhouse complex to get the mail. When she started to cross, there were no cars.

Just before making it all the way across the driveway, a vehicle entered the parking area from the main street and approached our client from the left. Our client observed the drivers head looking down (probably at her phone). In the next second or two, our client watched the vehicle approach and strike her as she turned to the side to try and avoid the collision.

The driver testified during her deposition that she never saw our client before the impact. Our client testified during her deposition that the driver never looked up before the impact. I think we all know what happened and why.

Because of the driver’s careless conduct, our client sustained catastrophic injuries including a devastating fracture to her right tibial plateau, an L1 compression fracture to her back, a left knee ligament tear, a left foot 5th MT fracture, a left foot abrasion- eschar with an open wound and right medial heel eschar.

The distracted driver is not accepting responsibility for her negligent actions and we are set for trial in 2018. We are confident an Orange County jury will hold the negligent driver responsible and render a verdict that will help our client pay for all of her medical bills, compensate her for her pain and suffering, and in the end, find justice.

Our client asked us to share her story with you. She wants distracted drivers to know how dangerous their intentional self-centered conduct is. Before being hit, our client was an active and healthy human being who enjoyed life to its fullest. Today, it’s difficult for her to walk, sit and stand without pain.

Several pictures of our client’s injuries are included in this post. They tell the story better than we can.

More Reasons Why We Have a Zero Tolerance with Distracted Drivers

As many of you know, Lisa and I have been practicing law for 30 years. Because of the devastation we’ve personally observed families experience from drunk and distracted driving, we’ve made it our mission to raise awareness and try to fix these two big problems.

Many people are not aware of the fact that distracted driving is a huge public safety issue. Each year 4,000 to 6,000 people are killed, and another 400,000-600,000 people are injured because of distracted driving. To put these numbers into perspective, about 280,000 people are injured each year from drunk driving.

Every single second during daylight hours in the United States, there are 600,000 people driving a vehicle with a mobile device in their hands. Another incredible statistic is that each of these 600,000 distracted drivers who are looking down at their smartphone is spending an average of 3-5 seconds doing so. Traveling at 55 mph, that’s like traveling the length of a football field while blindfolded in a 2-4 ton missile.

The problem of distracted driving is getting worse each day. Look to your left and right the next time you drive to work, drop your kids off at soccer, or are stopped at a red light. Watch social media posts on Instagram, Facebook Live and Periscope. What’s happening is inexcusable and not OK. People are getting hurt and families are losing loved ones. This reckless conduct needs to stop.

Conclusion

Distracted driving hurts innocent victims. It’s killing people every sing day.

Please don’t be a distracted driver. Please don’t look the other way and let others participate in distracted driving.

Help fix this problem and get involved. Share this important message with your family and friends. Visit StopDD.today, EndDD.org and ItCanWait.com for more information and resources.


Please Watch This Video

(click here)

Related Posts:

Why It’s Socially Responsible To “Call Out” Habitual Distracted Drivers

Hands-Free Devices Distract Drivers for 27 Seconds After Use!

I’m Calling “Bullshit” on The Top Three Distracted Driving Excuses!

Live video interview on with EndDD.org founder, Joel Feldman

Are You a Distracted Driving Addict?

I believe that whether people realize it or not, most are addicted to their smartphones and other mobile devices. Even if they wanted to, they don’t have the self-control to stop using these devices while driving.

Understanding and acknowledging that there’s an addiction is the first, of several steps, in fixing this growing safety problem. What happens next is up to all of us.

As reported by CNN’s Anderson Cooper, Silicon Valley is engineering your phone, apps and social media to get you hooked. Truth be told, you’re holding a modern day slot machine in your hand. Most people can’t stop using it even if they wanted to.

According to Google software engineers, every time you check your phone, you’re playing the slot machine to see, ‘What did I get?’ (likes, shares, comments…). Your mind is being hijacked while creating habits. Potentially deadly habits when you do this while driving.

If you don’t believe me, take a close look at this recent post with interviews and videos, “What is “brain hacking”? Tech insiders on why you should care”

When you take in to consideration that smartphones are the new drug of choice for teens who also happen to be very inexperienced drivers, this entire safety issue has a whole new meaning.

Hands-Free is Not Safe

I believe the other big issue people are misinformed about is the false perception that it’s safe to use a hands-free Bluetooth system while driving. It’s not. In fact, nothing could be further from the truth.

The evidence shows that hands-free and Bluetooth devices offer no safety benefits whatsoever. In fact, they “distract” you from the act of driving for up to 27 seconds after use. The same concept applies to the quality of your attentiveness while driving when your passengers are using their smartphones. Click here for the research 

If you can’t stop yourself from using your smartphone while driving, then you’re probably addicted to your phone. Please get help before somebody is killed.

Lead by example and turn your smarthphone off before turning your car on. Learn more about the facts of distracted driving by visiting StopDD.today EndDD.org and ItCanWait.com

Distracted Driving Survey Results

Do you consider distracted driving a public safety issue? What do you do when you see someone engaged in distracted driving?

Last month I posted a survey about distracted driving. A cross-section of 46 people responded from social media, business, law and the police communities. The survey is ongoing but here are the preliminary results:

Question #1: Have you had a family member or friend harmed or killed by distracted driving?

Continue reading “Distracted Driving Survey Results”

Help Rotary Interactors Stop Distracted Driving!

Rotary District 5320 Interactors, together with other Rotarians and Rotary Interactors from around the world, are trying to stop distracted driving. This year my son, Garrett Jackson, is the Interact District 5320 Governor and he and his fellow Interactors are on a mission to raise awareness as to the dangers of distracted driving and, to stop distracted driving once and for all!

April is Distracted Driving Awareness Month, and on April 5th, Interactors will be using Thunderclap to share their work and message with the world using social media. On this date, the following message will automatically be shared by the Thunderclap platform to the followers of those supporters who have joined the distracted driving campaign. As of this date, 2,436,440 people will receive the following message at 5 pm ET:

“Please help #Rotary Interactors stop #DistractedDriving and save lives! #StopDD http://thndr.me/G4NNPN

If you’d like to be part of the Rotary Interactor’s Thunderclap campaign (and we hope you are), please click this link, share this page, and become part of the solution.

On behalf of all the hard working Interactors, thank you!

Mitch


Related links:

Thunderclap campaign
Rotary District 5320
Rotary Interact
Rotary International
Monarch Beach Sunrise Rotary

StopDD.Today  |  EndDD.org  |  ItCanWait.com

I’m Calling “Bullshit” on The Top Three Distracted Driving Excuses!

Too many people I know are distracted drivers. It’s sad. It’s not OK.

My takeaway after reaching out and talking with them is that many feel as though (1) they are more important human beings than everyone else; (2) they are a better drivers than everyone else or, (3) because of the way they handle themselves as a distracted drivers, they’re doing it safely.

Here’s a reality check that everyone should appreciate and understand. On all counts, these people are wrong and in some cases, dead wrong.

I hear this all the time:

“Mitch, I’m an excellent driver. I’ve never had an accident. I’m careful when I live stream or update social media while driving.”

I just have to roll my eyes when I hear this. Look, here’s the deal. Despite how great you think you are at driving, there is no such thing as a good distracted driver. Let’s look at the facts:

There’s a reason why 4,000 to 6,000 people are killed, and another 400,000 to 600,000 people are injured in the U.S. each year because of distracted driving (experts predict the true unreported numbers are much higher). To put things into perspective, drunk driving only injures 290,000 each year.

Continue reading “I’m Calling “Bullshit” on The Top Three Distracted Driving Excuses!”