When Distracted Driving Causes An Accident

Law Blog

All car accidents can be bad. However, it can be particularly irritating to find out that you were hit by another driver and hurt because they were distracted by a device. Distracted driving has quickly become a major problem for those trying to share the roads with others. Read on to find out more.

Make the Driver Pay

Distracted drivers using a phone to text can be found negligent. Negligence means that the driver failed to use due care and their actions rose above simple carelessness. Almost anyone can cause an accident. But when the driver is found to have been texting at the time of the crash, they are guilty of negligence which means their actions were purposefully wrong.

This means victims can be paid a lot more money than with an ordinary accident. Speak to an accident attorney about punitive damages that go beyond the usual damages of medical expenses, lost wages, pain and suffering, and more.

Make a Business Owner Pay

When an accident involves a business vehicle, things are different. Business owners are usually responsible for the actions of their employees. They are expected to hire and train employees to be safe while driving company vehicles. Businesses must perform background checks and check the driving records of employees. They owe it to others sharing the road.

It's very common for drivers of delivery vehicles and other company vehicles to use devices to communicate. That allows them to schedule deliveries, locate addresses, and generally do their jobs. However, when they do that while driving, accidents can happen. Business owners are usually insured against the actions of their drivers. Speak to a personal injury lawyer about suing a business after an accident.

Find Proof of the Distraction

It's becoming easier to prove that a driver was using a device at the time of an accident. Phone and other records can be used to show that the driver was using a device. However, this sort of evidence of distraction can also affect victims. If they were also using a device at the time of the wreck, they could be determined to have contributed to the accident. Victims must avoid the issue of contributory negligence, or they might end up being paid very little or nothing at all after an accident.

To learn more about being paid after an accident with a distracted driver, speak to a personal injury lawyer—sch as Gayheart & Willis P.C.—as soon as you can.


13 July 2022