Motor vehicle collisions can occur for many different reasons. Sometimes, intoxication caused by drugs or alcohol is to blame for the crash. Other times, distraction is the main reason that one driver causes a wreck.
People often realize that they can hold another driver accountable for using a phone while driving after a collision. What rights do people have when other forms of distraction, such as eating while driving, are to blame for a wreck?
Distracted driving is negligent behavior
Laws prohibiting texting while driving do not apply to other forms of distracted driving. However, negligence rules may still apply in such cases.
A driver who fails to respond to changing traffic conditions due to a meal in progress or mentally focusing on their coffee instead of the road may rear-end another driver or make other obvious and preventable mistakes.
The people affected by a distracted driving crash do not necessarily need to prove distraction, although the remnants of a spilled coffee or dropped burger can certainly help validate their claims of distraction. They may be able to pursue an insurance claim or a personal injury lawsuit simply by proving that the other driver did something unsafe or illegal because of their distraction.
Preserving evidence, possibly by photographing the signs of a spill after a wreck, can help people hold unsafe drivers accountable. While eating at the wheel isn’t technically illegal, it can be a form of negligence. Anyone injured by a distracted driver may need support as they work with insurance or prepare to go to court to pursue compensation due to the complexity of distraction cases, and that’s okay.