When we hear the term “distracted driving,” the picture of someone driving while texting on his or her cell phone immediately comes to mind. However, distracted driving includes much more than that, which is why distracted driving is consistently a cause of car accidents.
Many times, the driver is distracted by something beyond his or her control. What happens in those situations? Can you still hold that driver accountable?
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
Distracted through “Legal” Means
What does being distracted through legal means mean exactly? Essentially it is when the driver is distracted through something that is beyond his or her control and is not illegal.
Picture this: You are driving along with your young child in the car when you suddenly hear a noise from the backseat. Your child has suddenly become sick, and you immediately spring into crisis mode, trying to help him or her calm down.
In the same split second, the car in front of you stops at a stoplight, and you rear end him or her before you even have a chance to respond. Another situation would be if your child suddenly climbs into the front seat or throws a toy into the front seat, distracting you.
What if your front mirror suddenly falls from the roof of the car, causing you to become distracted or your drink spills? These incidents would be considered “legal means” of being distracted. They result in an accident, but arguably, one that you did not intend to cause.
Difference Between Distractions
The difference between the two different types of distractions is the action that leads up to it. Texting is a perfect example of a distraction that would not be considered a legal means.
You know that texting and driving is dangerous and could very well lead to an accident, but by choosing to text while driving, you are making that active decision to be negligent in that moment. You are taking a risk, and one that will end up with some serious consequences, ones you chose by willfully disregarding the knowledge you have that your actions are unsafe.
On the other hand, if any of the previous examples occurred, you did not cause these actions to happen. As if they were “freak accidents,” they happened out of the blue and resulted in an accident because, for that moment in time, they distracted you. You did not choose for them to distract you, but they did. Now the question is whether you are liable at all.
Is the Driver Still Liable?
In a short answer: yes, the driver is still liable. However, he or she may have a reduced amount of liability based on the circumstances at hand. Insurance companies and courts will look at the entire situation when determining damages and whether you should pay.
If either party is satisfied that you did not purposefully cause this accident to happen or act in a way that would be deemed to be negligent, that consideration could be considered a contributing factor, and as a result, the amount of fault could be reduced somewhat, lowering the amount of damages you would be paying.
It is never a guaranteed thing, but given the situation and your lack of control over it, you would be within your rights to ask that the entire picture be examined before damages are assessed.
Contact an Attorney Today
If you have been involved in a car accident where you or another driver may have been distracted through legal means, you should contact an attorney today to discuss your case.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
