Focus on the road. Those are four words that drivers have likely heard from their very first driving lesson, if not before. Driving is a significant responsibility, with drivers expected to pilot a multi-ton vehicle without hurting themselves or others, or damaging property. Being distracted by other things removes focus from the vehicle and the road, increasing the risk of an accident. Preventing distracted driving benefits everyone, from drivers and their passengers to pedestrians and cyclists. If you have been charged with a traffic offense as a result of distracted driving, one of our experienced Virginia traffic attorneys may be able to assist you. Call Driving Defense Law at (757) 929-0335 to schedule an appointment and review your legal options.
What Is Distracted Driving?
The National Highway Traffic Safety Administration’s definition of distracted driving is any activity that diverts the driver’s attention away from driving. This can include using their cell phone, eating, drinking, talking to passengers, or adjusting the radio.
The Virginia Department of Motor Vehicles breaks distracted driving down into three basic types:
- Visual: Visual distractions are any distractions that take the driver’s eyes off the road.
- Manual: Manual distractions are those distractions that require the driver to remove one or both hands from the steering wheel.
- Cognitive: Cognitive distractions are ones that take the driver’s mind off driving. While all manual and visual distractions are also cognitive distractions, there are also unique cognitive distractions.
What Are the Top Two Driving Distractions?
In theory, there are an unlimited number of possible driving distractions. However, some distractions are more common than others or more likely to result in an accident. According to the Virginia Tech Transportation Institute, the two top driving distractions are driver inattention due to fatigue and texting while driving, especially for inexperienced drivers.
Other distractions that increase the risk of a driver being involved in a near crash or crash include drinking, personal grooming, reading, watching videos, talking to passengers, using the internet, adjusting radio or climate controls, talking on the phone without using a hands-free device, and eating while driving.
What Are Some Dangers of Distracted Driving?
Preventing distracted driving can significantly reduce the number of accidents, injuries, and fatalities that happen each year across the United States. Taking their eyes off the road for as little as two seconds can double a driver’s risk of being involved in a crash. Any cell phone use could quadruple the crash risk. If you have been charged with texting while driving, Driving Defense Law may be able to help you minimize the consequences of the charge.
When drivers are distracted, regardless of what the distraction is, they can miss critical events, objects, and cues that alert them to changes in traffic, road, weather, or other conditions. These events, objects and cues may be the only thing that allows the driver to slow down, step on the brake, or otherwise avoid being involved in an accident. Drivers may also abandon control of the vehicle when distracted. A driver who has dropped their cell phone or spilled hot coffee on themselves may take both hands off the wheel and their eyes off the road as they reach for the phone or search for napkins to soak up the coffee.
How Can You Prevent Distracted Driving?
Preventing distracted driving is every driver’s responsibility. Whether someone is a new or inexperienced driver or one with decades of experience, there are always things that they can start doing that will reduce distractions for themselves and others.
Recognize the Risks
The first step to preventing distracted driving is recognizing the risks associated with it. Using a cell phone, changing the radio’s station or volume, eating, drinking, or driving while drowsy all increase the chances of being involved in an accident. By recognizing and acknowledging this risk, drivers can be more aware of what they are doing and when getting behind the wheel may not be the best idea.
Turn Off Your Phone
VA § 46.2-818.2 makes it illegal for Virginia drivers to hold a personal communication device, such as a cell phone, while operating a motor vehicle except in strictly limited circumstances, such as drivers who are reporting an emergency or the driver of an emergency vehicle while engaged in official duties. Fines for violating this law start at $125 for a first offense and $250 for second or subsequent offenses or offenses that take place in a highway work zone.
Drivers can avoid breaking this law by turning their phone off while driving. If drivers do not wish to turn their phone off, they can use the phone’s built-in settings or download an app that will allow them to silence the phone by turning on a “do not disturb” function. This will prevent the phone from visually or audibly alerting them to phone calls, texts, or other notifications that will distract them from driving.
Keep Calm
A distraction that is not often considered is the distraction of stressful traffic conditions. When another driver is driving erratically or trying to get in front of other traffic, it can be distracting to the other drivers. Trying to keep track of that driver or prevent them from getting ahead of other vehicles can cause other drivers to not pay enough attention to other traffic. They can then get into an accident.
Instead, drivers should remain calm. If drivers notice another driver driving erratically, they should leave extra room between their own car and the erratic driver so they can easily navigate and avoid an accident from the other driver’s unexpected movements. If another driver is determined to cut in front of traffic, drivers should let them so they do not have to worry about being sideswiped or run off the road by an aggressive driver.
Prepare for Your Trip
Before beginning any drive, drivers should allow a few extra minutes to adjust the climate controls to a comfortable temperature and find a radio station they like or to load the playlist they want to listen to. They should also program their navigation system and, if it has an audio option for directions, turn that option on. This ensures they will not be distracted while driving by searching for music or trying to type in the address they are seeking.
When a driver gets a new vehicle or is driving a vehicle that is unfamiliar to them, they should also allow some extra time before driving it for the first time to become familiar with the controls and any safety or other features it may have. This will prevent distractions as they will know where everything is instead of hunting for it while driving.
Identify Distracted Drivers
While it is not a step toward preventing distracted driving, identifying other drivers that are distracted can help reduce the chances of being involved in an accident due to distracted driving. When drivers can identify that another driver is distracted, they can allow more room between their vehicle and the distracted driver or take other steps to avoid being impacted by the driver’s unpredictable and unexpected behaviors.
Some indications that a driver is distracted may include:
- Frequent or sudden braking, especially when responding to normal traffic stops
- Inconsistent speeds
- Erratic lane positioning, such as swerving between lanes or straddling lanes
- Running stop signs or red lights
- Failing to use turn signals or making sudden turns
- Following too closely
- A cell phone glowing at night
- Rowdy behavior in the car (lots of passenger movement, passengers sticking limbs or heads out of open windows, etc.)
Avoid Multitasking
Drivers are often tempted to multitask. Putting on makeup, eating, or taking care of other tasks while driving can be extremely tempting if a driver is running late or has an extensive to-do list. Anything that takes attention away from driving is a distraction, though. Drivers should adjust their schedules to allow time for grooming, meals, phone calls, or other tasks when they are not driving. If something comes up while driving, such as an important phone call, drivers should pull over and park their car before engaging in the other task.
Ask Passengers for Assistance
Even something as simple as looking for an address the driver has never been to before can distract them from the road. If there are passengers in the car, ask them for assistance. Passengers can be an extra set of eyes to watch for destinations or even traffic conditions the driver should be aware of.
Passengers can also program navigation systems, answer phones, read or send texts, or handle disruptive children or pets. If the driver is alone, they can also request that family and friends not text or call them while they are driving so they are not distracted.
Secure Children, Pets, and Cargo
Drivers can also be distracted by children, pets, or cargo that is moving and shifting around. Before driving, drivers should ensure that children are firmly strapped into car seats or seatbelts, pets are safely locked inside a pet carrier, and cargo is securely stored so it does not slide, roll, or fly around the vehicle.
If a child or pet somehow gets out of their restraints or is loudly crying or otherwise distracting the driver, pull over to deal with the situation if there is no passenger to step in and help. If cargo comes loose and is moving around the vehicle, drivers should pull over to re-secure it.
How Can a Traffic Attorney Assist You?
Distracted driving presents a danger to the distracted driver as well as everyone around them. Taking steps toward preventing distracted driving is something that must be actively done each time you drive. However, no one is perfect and it is easy to be distracted for a split second before you even realize it has happened. If you have been charged with a distracted driving offense, a knowledgeable Virginia traffic attorney with Driving Defense Law may be able to assist you in creating a defense, negotiating a plea agreement, or getting the charges reduced or dismissed. Call (757) 929-0335 to schedule a consultation where we may review your case and offer case-specific advice.
