When we hear the term “distracted driving” we think of texting while driving, emailing while driving, checking Facebook while driving, or doing any number of things that our smart phones allow us to do while driving. But distracted driving is not a new concept and many activities can fall under the category of distracted driving.
Legally, distracted driving has been defined as performing any activity which could potentially distract the driver from the primary task of operating the vehicle. Almost all states have enacted laws attempting to address the problem of distracted driving. While new laws have focused on cellphone use, old fashioned distractions such as fiddling with the radio, tending to kids or pets, or putting on makeup are all forms of distracted driving that could lead to an accident.
If you were involved in an accident with another driver who was engaged in distracted driving, whether it be texting while driving or any form of distracted driving, you may want to bring a lawsuit against that driver. If you can show that the other driver was a distracted driver, there is a far greater likelihood that that driver will be found responsible for the accident and will have to pay for damages caused. Evidence of distracted driving, such as records showing cellphone use, is key to proving negligence on the part of the driver and receiving compensation for injuries and damages.