Car crashes resulting from distracted driving are not a new development on roads in the United States. Studies have shown that distracted driving is one of the most common causes of accidents among different age drivers in the States. Many things can take the driver’s full attention from the road, ranging from texting, phone calls, to fiddling with the GPS.

There are so many things already distracting drivers on the road, and the last thing drivers need is the option to play video games while behind the wheel. With the recent software update in the Tesla Model 3, drivers are able to play games while traveling. This can create a greater risk of the drivers of these vehicles not paying full attention to the road, potentially resulting in an accident.

Tesla Video Game Features and Safety Questions it Raises

Before the recent software update, occupants of a Tesla car could only play video games when the vehicle is parked. Once the car is in motion, the games are automatically disabled. However, with the recent update, video games are enabled even in a moving vehicle and can be played on the center touch screen of the car. 

All the car occupants need to do to launch the game is confirm they are not the ones driving the car. This feature was implemented to ensure it is not the driver playing the game. However, there is currently no sure way of determining the player is a passenger and not the driver.

Even if a passenger plays the video game while the car is in motion, it can result in some form of distraction to the driver. While this feature may make road trips more pleasurable to occupants of a Tesla car, it also increases the risk of distracted driving and endangers the occupants of the car and other drivers. 

Efforts made by the National Highway Traffic Safety Administration (NHTSA) to Address the Concerns

After the New York Times shared the news on the Tesla Model 3 video game update, the NHTSA stated its commitment to the safety of road users and disclosed that it has been in talks with Tesla to revisit the recent software update. Tesla has also announced it is reviewing the software update and that it would no longer be possible for occupants of a car to play video games while the vehicle is in motion.

This is not the only time the NHTSA has had to intervene over concerns on the safety of Tesla vehicle features. In the past, the agency’s attention had been drawn to other Tesla car features like installing a large entertainment screen, the full self-driving mode, and the autopilot system. Concerned customers have raised complaints about these features.

Is Distracted Driving Common?

Several activities make the distracted driving list, and many motorists engage in these activities while behind the wheel. Recent accident statistics put the volume of accidents resulting from distracted driving at about 10 percent. However, on a closer look, one may discover that the percentage is significantly higher, as many accidents that could have made the distracted driving list are ruled as reckless driving.

Some of the activities that cause distractions for drivers include:

• Texting
• Making phone calls
• Checking the map
• Fiddling with the stereo
• Applying makeup 

Proving Liability in a Distracted Driving Accident

Before a claimant can file and receive compensation for injuries, they must prove that the injury resulted from another’s negligence. In the case of car accidents, all drivers have a duty towards other drivers to operate their vehicles safely while on the road. The inability of any driver to exercise caution, thereby resulting in injuries to another, makes them liable.

Once the injured person proves that the driver in a distracted driving accident acted negligently, they will be owed compensation by the at-fault party. However, to prove negligence, the plaintiff will have to present evidence. Evidence can include the testimony of passengers or eyewitnesses, photos, phone records, and emails.

Being in an accident can be traumatic. Not every accident victim can handle the details of the accident. Therefore, working with an accident lawyer can help relieve the victim of the stress of filing a claim giving them the time to focus on healing entirely.

“A car accident lawyer can help you manage your case and hold the at-fault party accountable,” said Attorney John Cooper of Cooper Hurley Injury Lawyers. “By hiring an attorney to help you with your case, you increase your chance of recovering the compensation you need to recover from the accident.”

Actions to take After a Distracted Driving Accident

What you do after a distracted driving accident can go a long way in determining how fast you recover and how successful you will be in recovering losses experienced from the accident. If you are involved in an accident due to distracted driving, you can take the following steps:

• Seek medical attention: Your physical wellbeing should be your priority. Therefore, your first response after a car accident is to check for injuries, after which you call 911. Having yourself checked by a medical practitioner can help to ensure that you are adequately treated and prevent complications in the future.
• Get evidence: You will need evidence to build your case, so if you can, get as much evidence as possible. You can rely on the police to collect this evidence. However, if they are not at the scene, do your best to take pictures of your injuries, the damages to the car, and anything else that could help build your case.
• Exchange information with the other driver: Relevant information includes contact address, phone numbers, license plate number, and insurance information.
• Contact an accident lawyer: The expertise of a car accident lawyer can help you build a strong case for compensation by proving fault in the accident. Navigating the personal injury process without an attorney can be overwhelming during your recovery. 
• Inform your insurance company: After contacting your lawyer, get in touch with your insurance company to provide any required information. 

Statute of Limitation

While you may have a legitimate case that qualifies you for compensation, you must file a claim within the statute of limitation, which varies among states. This is why contacting a car accident attorney can be so vital, as they will be experts in your state’s specific timeframe. However, most states allow for a 2-3 year time frame, after which the injured party forfeits their right to file a claim. It is ideal to file a claim immediately after the accident. However, your lawyer will advise on the best approach to take.

Bottom Line

Car accidents can be physically, financially, and emotionally demanding on the victim. However, if another driver’s negligence leads to the injury, you can file a claim to seek compensation from the at-fault party with the assistance of a seasoned car accident attorney.