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Law Office Of Robert A. Miller
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  5. Is your “harmless” habit as dangerous as drunk driving?

Is your “harmless” habit as dangerous as drunk driving?

On Behalf of Law Office of Robert A. Miller | Sep 15, 2026 | Auto Accident

A driver does not need to be speeding or intoxicated to cause a catastrophic wreck. Some distractions are especially likely to cause these high-impact scenarios, and they show up repeatedly in serious injury claims in Oregon.

Three categories of driver distraction

Inattention behind the wheel manifests on three different fronts:

  • Visual distractions pull the eyes away from the road
  • Manual distractions take hands off the wheel
  • Cognitive distractions occupy the mind

Even though many people worry about drivers with divided attention, they often admit to doing it themselves while driving.

Texting creates the perfect storm

What makes texting uniquely catastrophic is that it leaves zero sensory backup. Most distractions compromise one habit—a hand off the wheel or a mind wandering—but texting completely incapacitates the driver’s visual (looking down at the screen), manual (typing or scrolling) and cognitive (focusing on the message) capacities all at once.

In the five seconds it takes to send a quick text, a vehicle moving at highway speed travels more than 100 yards (the length of an entire football field) without a single conscious eyes-on-the-road correction. This makes an impact with a braking car, red light or pedestrian almost unavoidable.

Other high-risk distractions

Several other behaviors create serious crash risks:

  • Programming GPS or navigation systems while the vehicle is moving
  • Eating or drinking, which requires visual attention and manual coordination
  • Reaching for objects in the back seat, glove box or floor
  • Personal grooming, such as applying makeup or shaving
  • Interacting with passengers, especially during arguments or while attending to children
  • Adjusting vehicle controls like climate settings or entertainment systems

Each of these activities prevents drivers from braking before impact. Collisions often occur at full speed, transferring maximum force to the vehicle and occupants.

Distracted drivers can also drift out of their lanes without warning, causing side-impact and head-on crashes. The lack of evasive action means other drivers have no time to protect themselves.

Compensation may be available

Oregon law prohibits all handheld phone use while driving, including texting, calling and using app navigation. Violators face fines, and repeat offenders risk license suspension. When a texting driver causes an accident, their violation of this statute strengthens an injury claim.

The state also follows a modified comparative negligence rule. The at-fault driver’s inattention becomes central to an injured victim’s case, as it allows them to recover damages based on the percentage of fault assigned to each party, provided they are not more than 50 percent responsible for the crash.

Proving distraction, as in other types of auto accidents, requires evidence. Cell phone records, witness statements, dashcam footage and police reports are all crucial for establishing what the other driver was doing. Many claimants find it advantageous to enlist the help of a legal professional when gathering this evidence at a time when healing is the priority.

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