It is against the law to manually use a phone to read or send text messages while driving. People shouldn’t hold and manually use a phone for any reason while driving with a few limited exceptions. State statutes allow police officers to issue citations for those who put the need to connect digitally ahead of their safety while driving.
The fine for a first offense that doesn’t lead to a crash could cost up to $1,000. Drivers who cause wrecks may face fines of up to $2,000 for texting while driving. Those involved in crashes caused by drivers with phones in their hands typically feel confident about their ability to take legal action. However, there are many other types of distraction that can be equally dangerous but are not necessarily violations of state traffic statutes.
Eating or drinking while driving, grooming, talking with passengers and reaching for something in the backseat are all examples of momentary distractions that could potentially cause a collision. Distracted drivers are often accountable for the crashes they cause even in scenarios where their actions may not technically violate the state’s distracted driving statute.
Distracted driving is a negligent decision
People generally recognize that driving is a safety-critical activity, even if they may not always follow best practices while at the wheel. Despite realizing that safety should come first, they may let the desire to multitask or to talk with their passengers override their better judgment. Some people believe that actions that do not technically violate the law protect them from having liability in the event of a crash.
However, responsibility can come as easily from negligence as it does from wrongful actions or regulatory violations. When drivers engage in behaviors that reasonable people agree are likely unsafe, they open the door to claims of negligence. They may receive a citation from a police officer in some cases. Even without a traffic ticket, the other people involved in the incident may be able to file an insurance claim or a civil lawsuit based on allegations of negligence.
If unsafe behavior, including distraction involving something other than a mobile phone, causes a car crash, the people involved may be able to hold a distracted driver accountable. Behavior that may not necessarily break the law can still be negligent enough to provide grounds for people to seek compensation from a driver at fault for a wreck.