These digital natives can share constant updates about their everyday lives with family and peers. Sometimes, a proper time and place are also not needed. This is perhaps why so many use their social platforms even while driving.
When eyes turn from the road to the phone, an accident often becomes inevitable. In this article, we will discuss the role of social media in causing road accidents along with the aftermath and legal implications.
Social Media and Distracted Driving
Distracted driving is the act of engaging in any activity that takes a driver’s attention off the road ahead. This type of driving can essentially take the following three forms -
✔️ Cognitive - The mind gets off of driving.
✔️ Manual - The driver takes their hands off of the steering wheel.
✔️ Visual - The eyes are not focused on the road ahead.
Studies have found that on average, nine people meet their fate every day due to distracted driving on someone’s part. The demographics most at risk of engaging in distracted driving are teenagers and young adults.
Using social media while driving is one of the major types of distraction. If we look closely, it includes all three forms of distracted driving -
✔️ There is a visual distraction in the sense that the driver looks at their phone, not on the road ahead.
✔️ A cognitive distraction occurs in the sense that processing information posted on social media requires mental effort.
✔️ To engage in social media, the driver needs to type or scroll through their phone, which requires taking one’s hands off the wheel.
Many drivers who participate in such behaviors are doing so out of compulsion or addiction. As per the Pew Research Center, nearly 74% of young adults under 30 use at least five different social platforms.
The temptation to respond to a notification can be a difficult one to resist. Many are anticipating likes, comments, or replies that they simply can't wait to check. A moment’s distraction can land the driver in a gruesome accident.
Direct Violation of Law and the Aftermath
It is sad to think that accident cases of using social media while driving are increasing when a majority of US states have laws regarding it. Most states have barred novices and teenagers from using their phones while driving.
Others, like Illinois, have prohibited the use of handheld cell phones for all drivers. This means sending a text message, scrolling through a social platform, watching popular viral videos, and talking on call are strictly banned while operating the vehicle.
If something requires immediate attention, the driver must pull up to the side of the road to attend. Illinois allows the use of Bluetooth technology and hands-free devices for those aged 19 and older.
Despite such strict laws, defaulters do exist who end up in a crash. The aftermath of distracted driving accidents can be serious. Let's take an example - suppose a teenage driver collides their vehicle into another in Edwardsville, Illinois.
This city is a popular student hub due to Southern Illinois University. This university welcomes nearly 12,000 students from all parts of the world. Around 2,500 of these students take residency on campus, whereas others stay off campus, commuting to and fro on their vehicles.
A teenage student, when distracted on social media while driving, can end up in a rear-end or side-impact collision. The most common injury in a rear-end collision is whiplash, whereas the latter can cause pelvic fractures or head injuries.
All of these can have life-altering implications for the victim. Even if the liable party is a teenager, the victim can use the services of a personal injury lawyer in Edwardsville, IL to sue them. Essentially, the teen driver’s insurance company would become liable to pay for the damages.
According to TorHoerman Law, the lawyer will advocate on the victim’s behalf for fair compensation. Insurance companies can be sneaky and unwilling to offer a fair amount. The victim will receive help to negotiate with the insurer.
Proof of Liability and Legal Issues
Car accidents, no matter the cause, lead to debilitating physical injuries, emotional suffering, and loss of time from work. The victim has every right to seek justice, especially when the cause is distracted driving due to social media.
Now, the first line of action is to always negotiate with the liable party’s insurer. Acting in their own interests, insurers will try their best to shelve out as little as possible. Having a personal injury attorney by one’s side is crucial.
The attorney can pursue justice even through arbitration or the court if the insurer does not reach a fair settlement. Depending on the accident evidence and injuries, it can be tricky to prove liability in some cases.
For instance, some accidents occur due to social media challenges. The Kiki challenge was extremely notorious for causing road accidents. It involved the driver jumping out of a moving vehicle to dance with the car still on the move.
If such challenges are the cause, it can be easy to prove liability. In others, it may take a bit more probing and strategic investigation. One problem is that the same social media has the potential to make the victim lose out on fair compensation.
Though they can share valuable evidence across their socials, such a move can backfire. Insurance companies will be scouring through the victim’s social accounts for photos, dash cam videos, comments on the accident or injuries, etc.
The insurer may be able to identify loopholes and use such information against the victim. Publicizing the incident can make it nearly impossible to find a jury who is not aware of the case to some extent. This can make it difficult to secure an unbiased verdict.
As of January 2024, the most widely used social media platform was Facebook. This was closely followed by Instagram, LinkedIn, and YouTube.
Any social channel can quickly become a distraction if it succeeds in locking down the driver’s attention. While driving, it is best to have one’s eyes on the road, not the phone.
