Distracted Driving Is Negligence
When we typically hear about distracted driving accidents we envision someone texting while operating a motor vehicle. And yes, that does happen. Quite frequently I might add. However, there’s more to distracted driving than just texting.
Did you know that eating while behind the wheel is also considered distracted driving? Yes, most cars do have cup holders, but they don’t have cheeseburger holders. Or taco holders. Or chicken sandwich holders. Or even pizza holders. Nope, cars just don’t have any of those things. That’s what your hands are for. Unfortunately, if your hands have food in them, then you aren’t using them to drive the car. No, your knee is a not a valid form of steering wheel guidance.
Oh boy, talking is another form of distracted driving. You get caught up in the conversation with the passenger that you forget that you’re in a vehicle going 55 mph on a crowded highway. Or perhaps it’s not the intellectual act of talking that is distracting you, but maybe it’s the screaming of the little ones in the back seat.
Combing your hair while driving, applying makeup, using a cordless shaver…yes, all are considered distractions. And, if deemed the cause of an accident, would be considered negligence.
Distracted driving comes down to 3 things…and it involves your eyes, hands and mind.
Visual – taking your eyes off the road.
Manual – taking your hands off the road.
Cognitive – taking your mind off driving.
Drivers don’t always consider taking their mind off driving to be a distraction yet, many have admitted after an incident that they were indeed daydreaming. Maybe it was just for a split second. But that’s all it took to distract them from paying attention to the road.
And, no video gaming while driving. Think that’s crazy? It is. Yet, some cars offer that service to their drivers. (See our blog post “Driving While Video Gaming” December 2021)
Bottom line: Distracted driving is negligence plain and simple.
If you were injured by the negligence of another, it is critical that you consult with an attorney who has extensive trial litigation experience. If your case cannot be settled, it is crucial that your attorney understand how to prepare your case for trial and how to win your case.
The Law Offices of David W. Holub is a personal injury law firm located in Merrillville, Indiana, focused on providing efficient and effective client-centered representation. Our mission is to provide top quality legal representation, which includes an uncompromising pursuit of our client’s legal interests, while being accessible and attentive to our clients during times of personal challenge.
The firm concentrates in personal injury cases of all types, medical malpractice, and wrongful death litigation. We work tirelessly to serve each client aggressively and with empathy, to communicate regularly and clearly, and to obtain prompt and favorable results, while adhering to the highest standards of excellence and integrity. Our team considers it a high honor to be called upon to serve our clients whom we often come to regard as our friends. Call our number (219)736-9700 for assistance today.
*If you would like to learn more about personal injury law, we encourage you to listen to our Personal Injury Primer Podcast where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. And read “Fighting for Truth: A Trial Lawyer’s Insight into What It Takes to Win” an entertaining and enlightening book pulling readers into the courtroom giving them a glimpse of the legal process and what it takes to win at trial.