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Distracted driving may entitle you to a lawsuit

On Behalf of | May 4, 2021 | Car Accidents |

If you have been involved in a car accident, you will know the stress, heartbreak and trauma first-hand. In seconds, your life can be turned upside down, and it can be difficult to remember what life felt like before the accident, even only days later.

Unfortunately, many people who did not cause the car accident are involved in a struggle to gain back the damages that they deserve because they are not proactive in filing a lawsuit or they can’t successfully prove that the other party was at fault. If you believe that the other driver was distracted when the car accident occurred, this may entitle you to a lawsuit. The following is an overview of the different types of distracted driving and the possibilities you have for proving distracted driving in a car accident.

Visual distractions

When a person is behind the wheel, they need to keep their eyes on the road at all times. They need to be constantly looking ahead on the road to watch for potential hazards, as well as checking their mirrors and blind spots. When a person takes their eyes off the road, even for a few seconds, this can be extremely dangerous. Visual distractions include watching a video on a phone, turning around to attend to a child or looking down to switch the radio.

Manual distractions

A driver’s hands need to be available to operate the vehicle and to react quickly. Eating, drinking, smoking or texting can prevent the driver from being able to operate the vehicle adequately.

Cognitive distractions

Cognitive distractions can be difficult to prove because they include any time that a person is not concentrating on driving. This could occur when a person is stressed, upset or tired.

It could be difficult to prove distracted driving unless witnesses were present, but you may be able to have phone records checked or show that the person was in an altered mental state. Make sure that you take action to prove fault and gain back damages.

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