Distracted driving accidents account for 55% of all accidents on the road today. Of that amount, 30% are attributed to texting and cell phone use, and the remainder is due to eating, falling asleep behind the wheel, fishing around for objects on the passenger seat or the floor, applying makeup or doing personal care while driving to work or an appointment/interview, getting dressed or undressed, or children who are fighting or throwing objects while the driver is trying to drive. Distracted driving is negligent driving because the driver wasn’t doing what he or she needed to do in order to keep his or her hands on the wheel and eyes focused on the road ahead. If the driver were to hit someone else and kill another driver, passenger or pedestrian while distracted, it is manslaughter and is generally tried in court as such.
Whether you are the distracted driver or the victim of a distracted driver, you will need an auto injury lawyer. The auto injury lawyer can take a look at the reports, check out cell phone use at the time of the accident, and assess what the next step is legally in this type of case. The end result is rarely good for anyone; the injured or deceased’s family will sue no matter what, and the insurance company is not likely to be favorable under these conditions either. In some cases, like a parent or babysitter who’s distracted by kids fighting, a judge might be more lenient on a first offense, but only a car injury lawyer can effectively argue that.
In most other cases of distracted driving, there is little excuse for it. A driver who is tired can always pull over and either nap or stretch his/her legs to wake up. Texting and cell phone use while driving is illegal in most states and isn’t really tolerated in others. Personal care and dressing/ undressing while driving just means that a driver needs to do better job at managing their time. Eating and fishing around for items on the passenger seat or floor should be left until the driver can pull over and park to retrieve the item or items they are trying to get or eat when they get home/ back to work. A judge will not be so favorable in any account where the situation could easily have been prevented.
However, an auto injury lawyer can still argue for or against the drivers and victims in such a case effectively enough to surprise everyone involved. This is why it’s so important to get a lawyer right away.
Contact Your Local Auto Injury Lawyer Today.