With the increased use of mobile devices has come an uptick in distracted driving collisions. People have a hard time ignoring their phones when they drive. The issue is serious enough that state lawmakers have enacted a prohibition on manually using mobile devices while driving.
Anyone caught with a phone in their hands while in control of a vehicle could receive a citation. Despite the new statute, distracted driving remains a consistent issue on the roads. Drivers who do not actively monitor their surroundings can potentially cause serious collisions. Those affected by distracted driving crashes may have grounds for an insurance claim or possibly even a personal injury lawsuit.
When is distraction actionable?
Obviously, the use of a digital device while driving is a violation of state law. Provided that police officers responding to the scene of a crash know about a driver’s phone use, they can issue a citation and make it clear that distraction was to blame for the wreck in their collision report.
Even when there isn’t immediate evidence available, a driver who suspects distraction can inform officers of that concern. They may be able to obtain cell phone records to determine if phone use contributed to the crash.
It is also worth noting that forms of distraction other than mobile device use can also cause crashes. Eating and drinking, talking with passengers, grooming oneself and interacting with vehicle controls other than the steering wheel are all potential forms of distraction that might lead to a collision.
In some cases, statements from the drivers involved in any nearby witnesses can help a firm that non-digital distraction was to blame for the crash. While such conduct may not be inherently against the law, it is negligent behavior.
People generally recognize that paying attention while driving is crucial for safety. In cases where people can establish that a driver failed to properly monitor their surroundings, they may be able to hold that other driver responsible for the crash. They may be able to file an insurance claim that can help cover vehicle repair costs and injury expenses.
Filing a personal injury lawsuit may be necessary if a driver lacks insurance or causes substantial damage while having insufficient coverage. Motorists who understand the law can potentially hold others responsible when poor choices lead to preventable collisions.