Distracted driving has become one of the leading causes of car accidents in Mississippi. Courts treat these cases with extra scrutiny because distractions distract a driver from the road, increasing the risk of accidents.
What caused the distraction?
One major difference in distracted driving litigation is the focus on establishing that a distraction directly caused the accident. In most auto collision cases, the fault depends on several factors, such as speeding, running a red light, or improper lane changes.
However, in distracted driving cases, the central issue is whether the drivers had their attention diverted, requiring certain types of evidence. Phone records, eyewitness testimony, and traffic camera footage often play a larger role than in other car accidents.
Higher damages and recklessness
Another difference is the potential for higher damages in distracted driving cases. Since the behavior involves knowingly engaging in risky actions while driving, the court may view it as more reckless.
This can result in higher compensation for victims, especially if the driver engaged in illegal activities like texting while driving. The courts consider these factors when determining fault and damages. This sets distracted driving cases apart from more straightforward accidents.
Stopping distracted driving
In an age where modern technology permeates our lives, it can be easy to get distracted. But there are several things you can do to avoid distractions on the road. From turning off your cell phone to having a passenger take a call to even leaving your phone in your trunk, you can avoid the distractions your smartphone provides. In turn, this helps ensure you avoid dealing with a distracted driving accident altogether.