A driver makes a critical mistake and runs into your vehicle. The only way you can imagine that it happened is if they were not paying attention. You believe that they were a distracted driver.
When talking to the authorities, they admit that they had been using their phone, but they had already set it down by the time they caused the accident. This is corroborated by video evidence from a nearby surveillance camera or from a dash cam. But just because the driver set their phone down does not necessarily mean they were not distracted.
Cognitive distractions can last for 27 seconds
By putting their phone down, the driver does reduce some of the distractions they face. Holding the device is a manual distraction, for instance, and looking at the screen is a visual distraction. In both of those areas, putting the phone down and looking at the road does help.
But using a cellphone is still a mental or cognitive distraction, and studies indicate that this can last for up to 27 seconds. It takes time for someone to focus back on the road and mentally engage with the task of driving their vehicle. If that driver just dropped their phone onto the seat beside them and then immediately turned left in front of your car, for example, the issue could still be that they were a distracted driver – even if they were technically looking right at your car as they turned in front of it.
Driving distractions are complicated, and they do cause serious car accidents every day. If you suffer injuries, be sure you know how to seek appropriate financial compensation.