As the holiday season approaches, be prepared to encounter more distracted drivers on the road than usual. The extra traffic associated with holiday travel, combined with stress and fatigue, means you are generally at higher risk of a distracted driving accident.
In fact, in 2023, the National Safety Council predicted there would be a total of 1,227 car accident fatalities between Thanksgiving, Christmas and New Year’s travel.
Why are there more distracted drivers over the holidays?
There are several factors that account for an increase of distracted driving accidents over the holidays. Holiday events and visits with friends and family mean tightly packed schedules and altered routines, meaning many drivers are more fatigued than usual when on the road.
Holiday festivities that involve alcohol mean an increase in drunk drivers. Driving drunk often leads to activities that are considered distracting, such as talking to a passenger, using a phone or adjusting a music or navigation system.
The increase in holiday traffic also means more aggressive drivers. Drivers who are focused on being angry at other drivers are not keeping their full attention on the road.
Winter weather leads to an increase in distracted driving. Although states such as Mississippi do not typically get heavy snowstorms, colder weather, black ice and high winds can make driving dangerous. Drivers should be paying more careful attention to the road than usual when weather conditions are bad to avoid becoming distracted.
Protecting yourself from distracted drivers
It is important to remain alert and focused when you are driving this holiday season. Always leave plenty of time to get to your destination.
Obey speed limits. Remember that in poor road conditions you may need to drive under the speed limit to drive safely. Always wear your seat belt and make sure your car is in good condition.
Pay closer attention to other drivers and watch for signs of distracted driving, such as tailgating, swerving or driving recklessly. Drive defensively and modify your driving according to the weather conditions. Never drive drunk and stay off your phone when driving.
Distracted drivers are acting negligently. If you are injured in an accident with a distracted driver over the holidays, proving negligence can mean compensation for your injuries.
Negligence is the legal theory personal injury actions are based on. It requires proving the other driver breached their legal duty to drive safely and caused your accident. You must also prove your damages, which is the amount of compensation you request.
Comparative negligence
Mississippi is a pure comparative negligence state. This means that a court apportions compensation based on each party’s percentage of negligence.
When it comes to a holiday car accident, be prepared for the other driver to argue that you were the negligent party or that your negligence contributed to the accident.
For example, perhaps you have evidence that the other driver was texting when they veered into your lane and crashed into you. The other driver might argue that you were also using your phone and would have been able to avoid them if you were not distracted.
You must be prepared with strong evidence proving the other driver’s negligence to maximize the amount of compensation you recover.