When is Distracted Driving Considered Negligence?
Distracted driving is a significant issue for the safety of everyone on the roads. Forbes published an article that states, “Each year, approximately 3,000 people lose their lives to car accidents resulting from distracted drivers. This accounts for between 8% and 9% of all fatal motor vehicle collisions on roads across the United States.”
When drivers divert their attention from driving, it leads to accidents – often fatal. The numbers are clear on this and doing so is considered to be “negligence” in the legal community. Negligence is a concept that revolves around determining whether a driver failed to maintain the necessary level of attention and their actions resulted in an accident.
What Is Negligence?
Negligence involves assessing whether an individual failed to exercise appropriate care in their actions. Regarding motor vehicle accidents, this assessment centers on the driver's behavior leading up to the accident. The law mandates that drivers should be alert and drive responsibly. Failure to do so—such as texting while driving—is typically considered negligent behavior. This stems from their failure to adhere to safe driving practices in Florida.
Proving negligence in cases that involve distracted driving relies on hard evidence. This may include cell phone records, accounts from witnesses, or footage from traffic cameras. This illustrates what the driver was doing and where their focus was when the accident occurred or in the moments leading up to it. For instance, if it's shown that the driver was using their phone, this could be enough evidence because it signifies a lapse in their attention to the road ahead.
Other distractions like eating, using navigation systems, or adjusting music can also be relevant. The law requires drivers to avoid activities that could detract from their driving ability. Demonstrating these distractions in a legal setting can be instrumental in establishing a driver's lack of care. This aspect is particularly crucial in personal injury cases resulting from vehicular accidents because it helps to pinpoint the responsible party.
Proving Negligence
Proving negligence involves more than just demonstrating that the driver was distracted. It is equally vital to connect this distraction directly to the accident. Doing so shows that the accident was caused because of the driver's lack of attention. For instance, if a driver misses a stop sign while texting and this leads to a collision, the link between their distraction and the accident is clear. Courts consider the actions of a hypothetical 'reasonable person.' They decide whether another driver in the same situation would have behaved similarly. If the answer is no, it strengthens the negligence claim.
The 'reasonable person' standard is a cornerstone in these legal considerations. It serves as a benchmark to assess the driver's conduct. The court examines whether a prudent, attentive individual would have been distracted under similar circumstances. A negative response to this inquiry can lead to a determination of negligence. This is a pivotal aspect for victims in such scenarios. It aids them in demonstrating the fault of the other driver. Should negligence be established, the responsible driver might be liable for damages. These could encompass expenses related to vehicle repairs, medical treatment, and other losses attributable to the accident. It is the legal system's way of remedying the financial consequences of the incident.
Contact The Law Offices of William C. Robinson
Contact legal counsel immediately if you have been involved in an accident because of a distracted driver. The Law Offices of William C. Robinson will review your legal rights and help you pinpoint your legal options. We offer free initial consultations so that we can learn about your case. Contact us to learn more and receive the support you need.
