Can I sue a distracted driver?

On Behalf of The Law Offices of Goldfine & Bowles, P.C.

November 1, 2018

Seeking damages after an auto accident can be an important step toward recovery for a Peoria resident. When a victim is confident that they know the cause of their harm, then they may be ready to begin their first steps toward litigation. A case often begins by proving that another driver was negligent.

Negligence is a legal term that applies when a person does not meet the standard of care expected of them given their circumstances. Drivers on Illinois streets and highways owe each other a duty to act reasonably and follow the rules of the road. It is next to impossible for a driver to meet that duty if they are distracted.

Driving distractions can come in all shapes and forms. They can involve communication, such as a driver using a smart phone to text or send messages, or even a driver trying to dial a number into their cell phone. They can involve personal care, such as when a driver shaves, applies make-up, or eats while trying to operate their vehicle. Anything that makes a driver stop thinking about driving may be considered a distraction.

A distracted driver is generally considered a negligent driver because they are not meeting their standard of care when their faces are buried in their smartphone screens. To this end, an auto accident victim may be able to sue a distracted driver if that driver was the cause of the victim’s harm. More information about personal injury lawsuits should be discussed with your attorney.