Technology has had quite the impact on the way we travel. This change has been both positive and negative. GPS devices have played a part in making travel easier, allowing drivers to easily locate their destination and find the route that is the quickest and most efficient. However, at the same time, GPS devices can lead to distracted driving, which can lead to accidents.
We have asked attorney, Alaina Sullivan, about what you should do if hit by a driver using onboard navigation. Here is what she had to say:
Distracted Driving
Distracted driving is a problem that has become increasingly worse throughout the years. The topic of distracted driving normally brings up images of texting and driving, but cell phones aren’t the only devices which distract drivers on the road. In fact, the use of on-board car technology can be just as dangerous as texting and driving. Navigation devices have been responsible for thousands of car accidents annually and, according to the National Highway Traffic Safety Administration, use of GPS devices has caused one-third of all crashes in the U.S.
What Makes GPS Devices Dangerous?
Some drivers do think ahead before getting behind the wheel. They know the address of their destination and enter this address in before starting the car and heading onto the road. This situation is ideal. Things do not always work out ideally, however. Many drivers will not use their GPS devices until they believe that they are lost and in need of assistance. Unless the driver pulls over to the side of the road, this means he or she may very well be typing while driving. This action is no different than typing a text while driving, and all it takes is a few seconds from looking at the road for an accident to happen.
Consequences of Distracted Driving
If it can be shown that the other driver was distracted while driving, this can vastly change what you seek in terms of personal injury claims. Distracted driving is easily considered just as dangerous as driving while intoxicated. Both types of driving make it so the driver is voluntarily behind the wheel without his or her full attention on the road. The fact that the driver voluntarily gets on the road and uses a device that makes it so he or she is unable to focus properly while driving meets the definition of negligence. In fact, the act may be considered so negligent that it borders on reckless.
Whenever a driver does something that is considered willful and reckless, the driver who was injured and is not “at-fault” can seek punitive damages. These types of damages are rarely given but are issued in situations where the court is seeking to “punish” the driver who caused the accident. Essentially, punitive damages are meant to deter the behavior and keep the driver from doing them again. If they have to pay a large amount in punitive damages, that punishment might stick with them in the future should the question of using a device while driving ever come up again.
However, is the use an onboard navigation device enough to be reckless behavior? It depends on the driver and the severity of the behavior. If the driver has a habit of distracted driving, and this incident was not the first time he or she has been in an accident because of distracted driving, the court may be more willing to enforce harsher punishment than if this were the first time the driver made this mistake. If this were the first distracted driving incident, the harsh warning of a stricter punishment could be enough to keep the mistake from happening again.
Contact an Attorney Today
If you have been in a car accident and you believe the other driver was using onboard navigation before the collision occurred and you have questions as to the consequences of this action, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions. 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.
