Distracted driving is a very real threat every time you get out on the road. Distraction is an impairment just as dangerous as intoxication, but we have no test for distracted drivers. Although distracted driving is a danger as old as driving itself, cell phones and other mobile devices have upped the risk. We haven’t caught up to the reality. Unlike drunk driving, texting while driving is still socially acceptable, and carries virtually no legal consequences. However, a driver who causes an accident due to distracted driving can be held financially responsible, even if they do not face criminal penalties.
All Distractions Count
While we tend to focus on cell phone and other device use, anything that takes your eyes or mind off the road is a distraction that can easily become deadly. When technology came along and added new distractions, it did not wipe out the old ones that have been causing accidents for decades. Driver distractions include:
- Talking on the phone, even hands-free
- Other device use
- Interacting with passengers
- Eating and drinking
- Personal grooming
- Reaching for items in the floorboard or back seat
- Tending to children
- Reading
- Adjusting vehicle settings, such as climate control or seat position
- Adjusting the stereo
- Daydreaming
- Rubbernecking
Proving Distracted Driving
There is no blood, breath or urine test for distracted driving. No lingering effects to give a distracted driver away. No events prior to the accident, such as attending a party or going to the bar, to serve as evidence that the driver was distracted. But, just as technology has provided more distractions, it can also help us gather evidence of distracted driving. Cell phone records, traffic camera, other surveillance cameras, social media postings made by the distracted driver, and even photos and video taken by people in other vehicles are among the tools we have at our disposal when pursuing compensation from a distracted driver and their insurer.
If you believe a distracted driver caused your accident, we can help you prove it. Please, call the Johnson City auto accident attorneys of Hunter, Smith & Davis, LLP, at (423) 378-8830 or (423) 378-8862.
