Vlogging is a dangerous new form of distracted driving. Vlogging refers to “video blogging”, where a person records and posts a video of themselves for social media channels like YouTube, TikTok, Instagram, or Facebook. By itself, vlogging is a safe activity – until someone does it while they’re behind the wheel.

Distracted driving is illegal in Texas. According to the Texas Department of Transportation, drivers cannot send or receive text messages or use any handheld device in their vehicle when they’re in a school zone. TxDOT also reports that nearly one in four crashes happen because of distracted driving. In 2018 alone, distracted drivers caused more than 95,000 crashes.  

If you saw the other driver vlogging in their car before they hit you, or you believe they were recording a video while behind the wheel when they crashed into and injured you, then there are steps you can take to demand compensation.

The first step is to contact the Houston car accident attorneys at Johnson Garcia LLP. We offer 24/7 support and decades of experience in personal injury cases. We’ve already secured over $100 million in settlements for our clients and we could help you as well.

Why vlogging while driving can cause a serious car accident

According to the National Safety Council, drivers are four times more likely to be involved in a crash when they’re on a hands-free device. Talking on a phone may be distracting, but vlogging while driving is even worse. 

Many videos online show vloggers driving and filming at the same time. Just type “driving while vlogging” into YouTube and you’ll see thousands of videos. Sometimes, they look directly at the camera and take their eyes off the road for too long, which could lead to a crash.

According to the Centers for Disease Control and Prevention, distracted driving can cause drivers to do three things: take their hands off the wheel, look away from the road, and take their mental focus away from driving. Vlogging while driving involves all three forms of distraction. 

Let’s say a vlogger uses a hands-free device such as a mounted device to hold up their smartphone or camera. Even if they aren’t holding the phone, they’re still utilizing their minds to vlog when they should be 100% focused on the road.

According to an AAA Foundation study, sources of mental distraction (like vlogging) cause significant impairments to a driver including suppressed brain activity in the areas you need to drive safely, missed cues (like a red light), decreased accuracy, and decreased visual scanning of the driving environment (tunnel vision).

When a driving vlogger is busy being distracted by  their video, they aren’t going to pay full attention to the road and could cause a serious accident.

What to do when a vlogger causes your car accident

Person uploading video on YouTube from their phone
The distracted vlogger who caused your accident may upload video evidence of themselves causing the accident onto social media channels that can be used as evidence in your claim.

When you get into a car crash with someone who was vlogging, you may be able to find evidence with the help of your Houston car accident attorney in order to prove the other driver was distracted. This evidence could include:

  • Witness statements from people who saw the driver vlogging.
  • A social media trail if the vlogger was live on Facebook, Instagram, or another social media channel while driving, or they posted the video after the accident.
  • Phone records that show that the driver was vlogging (your lawyer may need to request them).
  • Video from surveillance cameras or traffic cameras around the scene of the accident that show the driver vlogging. 
  • Police records where the driver admitted to being distracted and/or vlogging while, or the police officer found evidence of vlogging on their phone.

 

Your lawyer might also hire an accident reconstruction specialist who will investigate what occurred and then recreate how it happened. All this evidence could push an insurance company to offer you a settlement.

If the driving vlogger was extremely reckless – for example, they were staring at their screen the whole time and running red lights and speeding – then you may be able to receive extra compensation as punitive damages in your settlement.

If a distracted vlogger caused your accident, call us today

Get in touch with a Houston car accident attorney to take on the distracted vlogger who caused your accident injuries. With decades of experience and 24/7 support, our attorneys will fight aggressively for your full compensation. You won’t pay anything unless we win. Contact Johnson Garcia LLP online today or give us a call to schedule your free consultation.