Even for the most safety-conscious drivers, there are always distractions on the road that must be managed properly. Occasionally, unnecessary distractions such as talking with a passenger or on a cellphone can lead to a driver making very dangerous decisions while behind the wheel.
Many people wonder whether the other driver could be blamed for causing an accident because of their distracted driving, and where the line can be drawn when it comes to different types of distractions. It's also questionable how distracted driving can be clearly proven when the driver involved denies it.
What is the law regarding distracted driving?
The concept of distracted driving is a very broad term, but there are laws in place that prohibit it. Therefore, if you are able to prove that the type of activity that the other driver was engaging in constituted distracted driving, you are very likely to make headway in your case.
How is distracted driving proven?
There are two main criteria for an activity to be classified as distracted driving under the law. First, the type of activity must not be necessary in order to operate the vehicle. Then, the activity must have some potential to impair driving functions or the driver's ability to drive safely. If both criteria can be proven, it can constitute distracted driving.
If you believe that another driver is guilty of distracted driving, it is important to specify what activity you believe they were engaging in, and make sure that you are able to prove it. For example, your Cleveland personal injury attorney can ask the court to subpoena cellphone records of the allegedly at-fault driver to ascertain whether they were talking or texting at the time of the collision.
Source: FindLaw, "Distracted Driving," accessed Feb. 01, 2018