What is Distracted Driving?
It is against the law to drive while distracted. If it leads to a collision between two vehicles, this can be used as evidence of fault. Simply said, a driver who is distracted at the time of an accident can be held fully liable for all of the costs associated with that accident solely on the basis of their distracted driving. If you were hurt as a result of the carelessness of another person, a lawyer who specializes in distracted driving cases can assist you.
The majority of people have an inaccurate conception of what the legal definition of distracted driving entails. When we think of “distracted” drivers, the image that frequently comes to mind is of someone holding a cell phone while looking at the screen; for example, texting while driving. This is just one example of a more widespread problem. In a legal sense, any activity that draws your focus away from the road might be considered distracted driving.
There are three primary categories when it comes to distracted driving:
- Visual Distractions: These distractions include anything that takes your eyesight away from the road.
- Manual Distractions: These distractions include anything that takes your hands off of the steering wheel.
- Cognitive Distractions: These distractions include anything that takes your attention from the road.
When operating a motor vehicle, you need to give your undivided attention to the roadway and to driving. Any discretion, no matter how small, could lead to a detrimental accident.
Common Examples of Distracted Driving
The following are the most frequently seen distractions:
- Talking on the Phone
- Changing the Radio Station
- Reading a Map
- Programming a GPS
- Eating Food and Drinking Beverages
- Drunk Driving
- Doing Makeup
- Cleaning Teeth
- Brushing Hair
- Looking at a Person in the Backseat
- Reaching for a Purse
Although these are prominent examples, there are other ways that a person could be charged with driving while distracted. A vehicle accident lawyer can help if you’re not sure whether the other driver in your collision was guilty of distracted driving.
Do Distracted Driving Laws Affect My Case?
Distracted Driving laws can affect the case both on your end and on the other driver’s end.
You must be aware that any claim of distracted driving will be considered seriously for your own safety. You shouldn’t implicate yourself by claiming you were gazing away from the road or preoccupied. For instance, it’s common for drivers to excuse their actions to the police by saying, “I was simply reaching down for the radio.” Even if you were attentive the entire time, it could still be proof of distraction.
Likewise, keep an eye out for any indications that the other motorist was not paying attention. Just because you didn’t see a cell phone doesn’t mean they were paying attention to their surroundings. You might be able to receive the insurance money you require if they make references to the radio, parenting, or even having the sun in their eyes.
Always Contact an Attorney for Legal Help
You should contact a lawyer anytime you’re involved in a car accident, especially when you believe the other driver was distracted when the collision occurred.
Your attorney will have the experience to help prove the other driver was distracted and, therefore, their fault for the crash.
Proving fault is extremely difficult to do on your own. The insurance company will be looking for reasons to minimize your claim, but with the help of an attorney, they won’t be able to.
Contact The Brown Firm to schedule a free consultation with an experienced Distracted Driving Attorney today.
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