Distracted Driving: Laws And Liability


Driving an automobile is one of the most convenient forms of transportation that you can possibly find. It gets you to point A to point B in, generally speaking, no time flat. However, driving can also be dangerous. Don't forget that you are operating two tons of gas-powered steel. It is a deadly machine. However, most automobile related accidents are just that -- accidents. That is why driving requires all of your attention. Distracted driving is one of the most common causes of automobile accidents in the country.

What Is Distracted Driving?

Simply put, distracted driving is any time that you are operating an automobile (or any vehicle that requires an operator), and your attention is diverted from the primary task at hand: driving! There are numerous ways that a person can be distracted from driving. In this day and age, one of the foremost causes of distracted driving occurs when a person diverts his or her attention away from the steering wheel and towards their phone. Operating a car and attempting to check social media is largely discouraged. It can lead to a car accident or worse.

There are numerous other ways in which a person can be distracted which are not always necessarily the driver's fault. Passengers should keep conversation with a driver to a minimum, and are highly discouraged from any broadly physical activity which could distract the driver, like waving one's hands or games in the car that are best left outside (such as playing catch in the car).

What Laws Are In Place Against Distracted Driving?

Did you know that distracted driving is not just an activity that is recommended against, but is actually illegal in most states? It's true. Numerous states have laws in place that ban activities that lead to distracted driving. The primary cause of distracted driving, cell phone usage, is what most of these state based laws place restrictions on. 14 states have banned all cell phone usage by drivers operating an automobile. Meanwhile, 38 states have placed somewhat laxer restrictions on cell phone usage, with novice drivers being unable to use their cell phones. In addition, 45 states in the country have banned text messaging.

Proving Another Driver Was Driving Distracted

If you were in an automobile accident, chances are that one of the drivers was driving distracted. Hopefully, armed with the information you have garnered from this article, it was not you. If you decide to take legal action against a driver that you believe was driving distracted, there are certain things you should be made aware of before fulfilling your duty in the courtroom as a plaintiff.

In a personal injury case, it is the duty of the prosecution to prove that the defendant was acting negligently. In distracted driving cases, essentially this means that the driver was the cause of the accident, and had not fulfilled his or her role, or duty, as a responsible driver by not paying attention to the road. It is the prosecution's job to prove that the defendant, as a driver, did not exercise a reasonable amount of care to the road by simply not paying attention to it. If found responsible, or liable, the driver will usually have to pay damages, which usually cover the plaintiff's medical bills and other expenses incurred due to the driver's negligent behavior.

As you can see, driving can be a very dangerous proposition. That is why, more so than almost any other activity, you should pay attention while driving. There are numerous accidents that can occur due to a lack of attention, and should you be found at fault, you could find yourself paying some hefty fines! For more information, contact a personal injury attorney.

About Me

The Law Is Blind

Thanks for visiting my fun little blog on the legal system. I'm Jane Campbell. I have always wanted to be a part of the legal profession. I find law fascinating and I read everything I can find about the subject and hope to attend university someday. The only thing that prevented me from pursuing this profession was my social anxiety disorder. While I am in the process of trying to recover from this condition, I've decided to create a blog so I can talk to others about a subject that I hold so dearly. I hope my posts will be useful for you.

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