Distracted driving occurs when a driver’s attention is diverted away from the task of driving, leading to increased risk on the road. Common distractions include texting, navigating, eating, engaging in intense conversations, applying makeup, or changing the radio station. Any of these activities can divert attention from driving, potentially resulting in serious accidents.
When a driver’s inattention causes an accident, it may be considered negligent. Under the legal theory of negligence, a plaintiff must prove that the defendant had a duty of care, breached that duty, and that the breach caused the accident, resulting in actual damages. Driving requires a driver’s full attention to respond to unexpected events, such as a sudden stop or an animal crossing the road. Engaging in distracting activities can be a breach of the duty to exercise reasonable care while driving.
Many states have implemented laws that ban or restrict cell phone use while driving to reduce distractions. In some states, the doctrine of negligence per se applies. This doctrine allows for an inference of negligence if a plaintiff can demonstrate that the defendant violated a safety statute, the violation led to an accident, and the plaintiff was part of the group the statute was designed to protect.
For instance, if a driver is distracted by selecting a song and runs a red light, causing a collision, the driver could be found negligent per se. In such cases, the violation of a traffic law, like running a red light, is clear evidence of negligence, especially when it causes harm to another driver protected by that law. Even in states that do not recognize negligence per se, evidence of distracted driving, such as running a red light while distracted, strongly supports a finding of negligence.
How LawyerUp.ai Can Help After an Accident
If you’ve been involved in an accident, taking immediate action is crucial. At LawyerUp.ai, our AI-powered tools can help you analyze your case, estimate potential compensation, and connect you with top lawyers who specialize in handling distracted driving cases.
Here’s what you should do after an accident:
- Report the accident to the police: This ensures there’s an official record of the incident.
- Exchange insurance information: It’s essential to gather the necessary details from the other driver.
- Identify witnesses: Witnesses can provide valuable testimony to support your case.
- Take pictures of the damage: Documenting the damage to your vehicle is crucial for your case.
- Take pictures of the accident site: Capture skid marks, debris, and the overall scene to provide context for what happened.
Even if you believe you were partially at fault due to distracted driving, it’s important not to admit fault at the scene. Admissions of fault can be used against you by the other driver’s insurer or in court.
Maximize Your Legal Results with LawyerUp.ai
After an accident, determining liability can be complicated—especially when multiple drivers or factors are involved. LawyerUp.ai simplifies this by providing:
- AI-Driven Case Analysis: Our platform carefully evaluates your accident details, building the strongest possible legal arguments to determine fault and support your claim.
- Accurate Compensation Estimates: Get a clear estimate of the compensation you could be entitled to, covering everything from medical bills to lost wages.
- Top Lawyer Matching for Maximum Recovery: We connect you with expert attorneys who specialize in maximizing compensation, even in complex cases involving multiple parties.
With LawyerUp.ai, you’re equipped with the best arguments and legal representation to secure the highest possible compensation for your case. Let us guide you through the legal process and focus on getting the results you deserve.