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Is distracted driving considered negligence?


Distracted driving refers to a wide range of activities, including any activity that distracts the driver's attention, focus or body from the roadway. Distracted driving based on gadget distractions, such as cell phones, texting and navigation systems, is commonly discussed today, however, older types of distraction, such as eating or grooming while driving, still pose a risk to victims of distracted driving.

Distracted driving can result in car accidents that cause injuries or death to victims, but may also result in citations from police or be used as evidence of negligence or recklessness when a victim has been harmed by a distracted driver. Victims of distracted driving may suffer physical, financial and emotional damages, and a negligent distracted driver may be liable to compensate the victim for the damages they have suffered. A personal injury legal claim for damages can help hold a distracted driver responsible for the harm they have caused the victim.

Because of the dangers associated with distracted driving, most states have laws and bans associated with distracted driving. Laws range from restrictions to complete bans, and can provide evidence of negligence when a distracted driver has caused an accident that results in harm to victims. It is not uncommon for criminal charges or citations, when present, to be used to establish that a negligent driver was, in fact, negligent in causing the accident and the victim's injuries. A personal injury claim for damages can be complex, which is why it is important to understand the personal injury legal process and how it protects victims of distracted driving.

There are a number of different methods by which a distracted driver can be held accountable for the harm they cause to victims and their families. As a result, it is important for victims to be aware of the options available to them when they have been injured in a distracted driving-related car accident.

Source: Traffic.findlaw.com, "Distracted Driving," Accessed Oct. 4, 2016

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