Those hoping for justice after a recent car crash may have a few options available to them. Frequently, people can file insurance claims. If they can show that the other driver was at fault for the crash because they were negligent or they broke the law, their insurance could help cover collision expenses.
When there isn’t appropriate insurance coverage or the costs of the crash are significant, then a personal injury lawsuit might be an option. Those hurt in crashes can sometimes file lawsuits against the driver at fault for the crash. People who lose their loved ones in collisions may have grounds for a wrongful death lawsuit. Typically, those hoping to hold another party accountable for a crash need proof of qualifying circumstances. One party may assert that the other texted or used a mobile phone immediately before a crash.
Can people assert that a distracted driver broke the law and is, therefore, at fault for a crash?
Digital distraction is illegal
Kentucky, like many other states, has adopted a statute prohibiting the manual use of mobile phones while driving. Manually dialing a phone, reading a text message or composing an email are all actions that violate the distracted driving statute. If people can prove that another motorist handled their phone immediately before a collision, they may have grounds for a lawsuit or an insurance claim.
However, not all forms of distraction stem from digital technology. People can become quite distracted due to conversations with their passengers, a hot beverage, a meal or a song that they like on the radio. Unlike digital distraction, which leaves a digital paper trail and violates the law, distraction caused by other people and internal distraction can be difficult to prove.
Thankfully, even if it isn’t illegal to daydream while driving, the mistakes that people make because of that distraction can constitute actionable negligence. People don’t necessarily have to prove that distraction occurred to establish that the other driver was technically at fault for a collision.
Video footage captured by nearby cameras and statements from witnesses can help people validate their claims that distraction was the underlying cause of a recent wreck. Reviewing what happened prior to a distracted driving collision with a skilled legal team can help people hold the right party accountable after a wreck generates significant expenses.
