Distracted driving can technically refer to many different types of conduct. Conversations with passengers or unusual billboards can be sources of distraction.
However, to most people, distracted driving involves the use of technology while operating a motor vehicle. Texting while driving and other forms of digital distraction can be quite dangerous. In cases where those involved in collisions can show that the other driver handled a phone instead of focusing on operating a vehicle, they may have grounds for an insurance claim or possibly a lawsuit.
Proof of negligence or wrongful acts is usually necessary to file a lawsuit against another driver. Which of those two categories applies to distracted driving?
Distracted driving is illegal
State statutes clearly prohibit the manual use of a mobile phone while operating a motor vehicle. People cannot handle their phones to text others or post to social media. It is even illegal to engage in those behaviors while stopped at a red light.
Under state statutes, handling a mobile device is a primary driving violation. On its own, distracted driving involving technology is serious enough to justify a police officer stopping a motorist. People can also easily argue that distracted driving constitutes negligence, as it is a behavior that is innately dangerous. Most reasonable people recognize that texting while driving increases the risk of a crash.
Holding a motorist responsible for a distracted driving crash requires proof of distraction and an understanding of different options. Drivers involved in distracted driving collisions may require support and insight from a legal professional to pursue the compensation that they deserve after a wreck.
