Introduction
A significant concern in the USA is the prevalence of unsafe driving practices, and these are accountable for thousands of accidents and injuries in the country each year. Attorneys dealing with personal injury cases need to address these issues since they are critical in the prosecution of such cases. The scope of this article covers the most prevalent negligent driving behaviors, their consequences, and how attorney’s medical record reviews may assist them in strengthening their clients’ cases.
The Importance of Addressing Unsafe Driving Behaviors
Any form of reckless productivity poses a risk for drivers and vehicle occupants’ safety. These behaviors also have legal consequences. Attorneys should be knowledgeable about the behaviors in order to effectively help the clients. By narrowing down on these contested aspects, lawyers have an upper hand in deciding the amount of damages and liability in claimed cases of unsanctioned personal injury.
Common Unsafe Driving Behaviors
Driving While Being Distracted
Overview
One of the leading causes of accidents in the U.S is driving under distraction. This includes all activities that diverts attention away from driving like texting, phone calls, or even switching the radio on or off.
Statistics
According to the National Highway Traffic Safety Administration (NHTSA), 3142 people died in the year 2020 due to distracted drivers.
Speeding
Overview
A driver’s proficiency in controlling a vehicle declines significantly when speeding, increasing the likelihood of crashes either due to the driver being unable to navigate road objects, dangerous turns, or due to the vehicle taking much longer to stop.
Statistics
According to the NHTSA, speeding contributed to around 29% of fatal injuries registered in 2020.
Driving Under the Influence (DUI)
Overview
The use of drugs or alcohol while driving impairs the driver’s judgment, coordination, as well as reaction times.
Statistics
NHTSA reported 11,654 deaths from alcohol impaired driving crashes in the year 2020.
Aggressive Driving
Overview
Tailgating, weaving in and out of traffic, and road rage are prime examples of highly aggressive driving behaviors. These actions can escalate very quickly and lead to dangerous situations.
Statistics
According to the AAA Foundation for Traffic Safety, 56% of fatal injuries are aggressive driving related.
Weather Related Recklessness
Overview
Many drivers do not change their driving skills during rain, snow, fog, or other harmful weather conditions leading to an increase in accident rates.
Statistics
The Federal Highway Administration estimates that nearly 21% of accidents are related to weather.
Failing to Obey Traffic Signals
Overview
Disregarding traffic signals as well as signs can cause serious accidents especially at intersections.
Statistics
As per IIHS, red light violations led to 846 deaths in 2019 within the United States.
Letting Passengers Go Without Seatbelts
Overview
The most straightforward method of maintaining personal safety in an automobile is to wear a seat belt. Injuries and fatalities can be magnified by inexistence of a seat belt during an accident.
Statistics
From NHTSA records, an estimated 14,955 lives were saved because of seat belt usage in 2017.
Driving While Drowsy
Overview
This activity is largely ignored by the public, yet, similar to driving under the influence, drowsy driving poses a great danger. Reaction time and decision-making gets severely affected by fatigue.
Statistics
As per CDC records, drowsy driving accounts for roughly 6,000 fatal crashes in the nation every year.
Inadequate Maintenance on Vehicles
Overview
Not properly maintaining the vehicle may result in one sustaining an injury from an accident because of mechanical failures. These include, but are not limited to, brake problems, tire baldness, and poor lighting in the vehicle.
Statistics
According to NHTSA, vehicle maintenance issues contribute to approximately 10% of all crashes.
The Role of Medical Record Reviews in Legal Cases
What is a Medical Record Review?
Medical Record Review is the process of evaluating a person’s medical history, treatment, and other aspects of a patient’s health which includes his or her medical documents. This process is critical for a solicitor serving a client in a personal injury case since it helps gauge the severity of the injuries and the quality of life affected.
How Medical Record Reviews Assist Attorneys
- Establishing Causation: Medical Record Review acts as an important evidence for solicitors in linking certain risky driving techniques to sustained injuries.
- Quantifying Damages: Medical Record Review ensures that legal practitioners correctly calculate the medical costs, loss of income, and inconvenience caused.
- Identifying Pre-existing Conditions: Having access to a lot of information helps to identify other conditions that the patient suffers from which may have a bearing on the outcome of the case.
- Supporting Expert Testimony: Medical Records acts as the primary towards which other evidence or opinions anchored by experts within the field will testify thereby adding more weight to the case.
Case Studies
Case Study 1: Distracted Driving Accident
Overview
A client developed serious injuries, including a broken leg and whiplash after a collision with a distracted driver who was texting while driving.
Challenges
One of the challenges was to determine whether the respondent had indeed been distracted while the crash occurred. Even the client did not have a clear memory of the incident and no witnesses were available.
Solutions
Reconstruction of the medical records and treatment history highlighted the client’s injuries. The attorney was also able to get hold of the phone records which revealed that the other driver was indeed texting during the crash. This was very important evidence in determining liability.
Case Study 2: DUI Incident
Overview
In one of the matters, a client was injured severely when a motor vehicle driver hit him while drunk. The client had multiple comorbid fractures and required surgeries and physical rehabilitation for an extended period of time.
Challenges
One of the challenges was to establish the effect of the injuries on the client’s life in the long term, like requiring medical attention and not being able to work again.
Solutions
The examination and evaluation of the medical records revealed the client’s treatment and rehabilitation as well as the psychological trauma the client suffered due to the accident. The medical experts’ opinion was invaluable in supporting the arguments for damages.
Conclusion
Attorneys for plaintiffs in a personal injury case should appreciate the issue of unsafe driving behaviors. By synthesizing medical record reviews, legal professionals can strengthen their approach to particular details of each case. Such comprehensive approach not only helps in determining the liability but also makes it possible for the victims to get paid.
