It's well known that driving while distracted is extremely dangerous and the leading cause of accidents. There have also been cell phone bans implemented with the goal of stopping drivers from engaging in distracted driving. However, there are many distractions that can emerge that some drivers simply do not expect. If you are involved in a car accident in which the other driver was distracted, you will be entitled to compensation for your injuries.
A visual distraction can occur when there is something on the road that distracts the driver. A common example is when a driver sees a car accident and is looking at the crash rather than the road ahead of the driver. Other examples may include billboards, trash floating in the road, and many others.
An auditory distraction is any sound that is not directly related to the act of driving. This could be the radio or an argument that is occurring in the car that the driver is involved in. Regardless of what the other passengers are doing, the driver is ultimately responsible for the accident and should pull the car over if it is ever unsafe to remain parked in place.
If the driver needs to perform an action that is not directly related to driving, such as programming a GPS app, the driver is engaged in distracted driving. Any manual distractions should be addressed when the driver is pulled over.
An easy way for a driver to be distracted is simply because they are focused on something other than driving. Because many drivers find driving to be very boring, they can often become distracted by other responsibilities. However, this type of distraction can often be difficult to prove.
How to Prove That the Driver Was Distracted
To receive compensation for your accident, you will need to prove that the other driver was negligent. Proving that the driver was distracted is one way to show that the driver was distracted. However, this can be difficult to prove without the help of a car accident lawyer.
An attorney will have knowledge of the various forms of evidence that might exist that can show that the driver was distracted. This can include electronic records, eyewitness testimony, and expert witnesses. For example, an expert witness may be able to prove that the driver did not brake prior to the accident and this can be evidence that the driver was distracted.
After being involved in a serious auto accident with a drunk driver, I struggled heavily with getting the driver's insurance company to open a claim. When the insurance company started pushing back, I knew I needed to do something. I spent a lot of time digging through the laws surrounding auto accident claims so that I knew what my legal rights were. I even talked with an auto accident attorney. I created this site to teach others about what I learned, including my court experience. I hope it helps you to determine how you should proceed with your auto accident case.