Copyright © 2025 Gelb & Gelb, P.C. All rights reserved.
A DC distracted driving accident lawyer at Gelb & Gelb can help you get the compensation you need following an auto accident. Distracted driving, including using cell phones while driving, leads to many traffic collisions throughout our nation’s capital. It is illegal for drivers to use their mobile devices without a hands-free adaptor while operating their vehicles. Distracted driving may also lead to an accident with another car or multiple other cars when drivers divert their attention from the road. Examples include talking to passengers, eating while behind the wheel, or adjusting the radio. Essentially, any crash in which a driver was distracted at the time of the collision will likely be considered a distracted driving accident. Unfortunately, the ramifications of careless and potentially reckless driving can affect not only other motorists on the road but pedestrians, passengers, and bicyclists.
A DC car accident lawyer can help victims of distracted driving crashes pursue damages for their harm. Attorney Roger Gelb has personally handled thousands of injury claims on behalf of his clients, who deal directly with him throughout their cases. Attorney Gelb focuses his practice on vehicle collisions and has recovered numerous multi-million dollar settlements and verdicts on behalf of clients throughout the D.C. Metro area.
There are countless causes for why you would need a DC distracted driving accident lawyer. Here, we outline three principal causes that lead to distracted driving.
Eating and drinking is a tremendous distraction. It is most common on road trips where you feel you need to make time. However, anyone can do it at any time. There are several issues with eating and drinking while behind the wheel. Most obviously, at least one of your hands will be preoccupied if it is holding a drink or piece of food. This reduces your ability to react promptly to dangers on the road. Unfortunately, the risks of eating and drinking do not stop there.
If you are eating, your eyes may be off the road. While this is not necessary to eat or drink while driving, it may happen, even if for a split second. A driver may need to handle wrappers, containers, or spills and split their concentration between eating and driving. This is a serious risk of harm. Thirdly, even if your eyes are on the road, your full attention is not. Especially if you are really hungry, it is natural to divert at least some of your attention to quenching thirst or satiating hunger. This may lead to errors such as failing to notice stop signs, traffic lights, pedestrians, or other vehicles.
If you are in an accident due to eating or drinking, speak with a DC distracted driving accident lawyer today.
Talking can be a distraction for drivers. Whether in an Uber, taxi or just in the car with family or friends, talking can be a distraction that diverts your eyes and attention away from the road. This is especially problematic in a city like Washington, DC, where roads can be tricky. Our advice is not to avoid altogether talking when you are driving. However, be aware of the complexity it may add to navigating downtown. Moreover, if you are a younger driver with less experience behind the wheel, be especially careful when having heated discussions.
There is so much to see in Washington, DC. The District of Columbia is home to over 160 monuments. Some of the most well-known monuments include the Washington Monument, Lincoln Memorial, World War II Memorial, Jefferson Memorial, Vietnam Veterans Memorial, and many more. Unfortunately, if you or another driver spends too much time observing external activities, you may soon require assistance from a DC distracted driving accident lawyer.
At times, other car accidents can ironically be a distraction that leads to accidents. Everyone is familiar with rubbernecking. This is when drivers slow down to observe a wreck. However, some drivers remain in a rush to get to their destination and may try to speed around you, causing a rear-end accident. Another distraction is a construction site. Whether it is a construction site that is slowing traffic down or simply something to look at in traffic, it can distract a driver enough to cause an accident.
Just like in any vehicle, handheld devices are not permissible in the District of Columbia when somebody is operating a motor vehicle. That includes a cell phone or any other device that would be a distraction while the driver is operating the vehicle.
If you or a loved one were injured in a collision due to a distracted driver, Roger Gelb can help you seek compensation. Speak to a seasoned DC texting while-driving accident lawyer to discuss your legal options.
If the device is not held in the operator’s hand, then the driver of the vehicle should be able to use the speakerphone and should not interfere with the operation of the vehicle. It is similar to having a radio on. They can listen, and they could speak as they could speak to another passenger in the car, but being distracted by looking at something else is where the problem comes in.
If the plaintiff used a cell phone, there could be an argument that they were contributorily negligent in causing the accident. This means they failed to give their full time and attention when the accident occurred. If the plaintiff were found to be even one percent at fault or less in the District of Columbia, they would be barred from recovery against the at-fault party.
However, just because they were using their cellphones does not mean they were necessarily contributorily negligent. They would have to be able to show that contributory negligence or negligence for that failure to abide by the law in any way was the proximate cause of the accident itself. For example, if they were texting while they were stopped at a red light, the fact that they were texting is irrelevant and in no way, shape, or form contributed to the accident.
The phone’s owner must consent, or one of the parties to the litigation case must file a subpoena to obtain those records. Otherwise, these records are private and unavailable.
Distracted driving impairs the ability of a driver to properly maneuver their vehicle. When visual attention is taken away from the road, the risk of a crash increases. Throughout Washington, D.C., laws restrict the use of handheld devices and texting while driving. In fact, drivers exhibiting these behaviors may be ticketed, even without violating another traffic rule. Not only is distracted driving illegal, but it is the cause of many serious vehicle crashes. According to the National Highway Traffic Safety Administration (NHTSA), cell phone use accounts for 14% of all distraction-affected fatal crashes.
Car crash victims have the legal right to hold at-fault drivers accountable for their damages. By filing a personal injury claim against a distracted driver and establishing their negligence, injured individuals can seek justice and monetary compensation for all accident-related costs, including future medical care. A seasoned car accident lawyer in Washington, D.C., can help ensure that all costs are properly calculated and pursued.
The first step in a personal injury case following a distracted driving accident is to prove that the defendant caused the accident. Typically, the victim will show that the defendant’s negligence led to the crash and directly caused the victim’s resulting injuries. There are four elements to a negligence claim: duty, breach, causation, and damages.
By law, all drivers owe others the duty to exhibit reasonable care under the circumstances and must avoid causing harm while operating their vehicles. Drivers who fail to use an appropriate level of care may be deemed to have breached this duty. If their careless or reckless conduct leads to a crash, they may be held legally responsible for any resulting harm. For example, a driver manipulating their phone while behind the wheel is not paying proper attention to the road. This driver may be liable if they cause a collision and can even be held responsible by injured family members. A Washington, D.C., car accident lawyer with experience handling distracted driving cases can help you identify and prove the most relevant facts when pursuing your case.
After establishing the driver’s fault for causing the crash, victims must show that this breached duty of care directly caused their injuries. Evidence that a distracted driver ran a red light and crashed into the victim’s vehicle would be strong support for the victim’s causation argument.
Finally, the victim sets forth the damages they are seeking. Damages, in the form of monetary compensation, are intended to place the victim in the position they would be in had the accident not occurred. Quantified costs are set forth in the form of medical bills, lost wages from work missed due to injuries, and property damage. However, non-economic damages may also be secured, including pain and suffering and loss of consortium. Attorney Roger Gelb appreciates the changed circumstances that often lead to a decreased quality of life following a vehicle collision, particularly after serious crashes such as sideswipe accidents, and he fights for clients’ rights to these damages as well.
Attorney Roger Gelb understands the devastating emotional impact upon victims and their families following a distracted driving accident in Washington, D.C. The dedicated team at Gelb & Gelb, P.C. is here to diligently and aggressively advocate on your behalf, helping you to seek the full compensation you may be owed. We have secured over $150 million for victims throughout the District of Columbia. Clients communicate directly with Attorney Gelb, receiving clear, effective legal representation. To reach out to our office and learn more about your case, call 202-331-7227 or fill out our online form.
Copyright © 2025 Gelb & Gelb, P.C. All rights reserved.