Law Offices of Paul K. Schrier, PLLC

Distraction continues to threaten the safety of all motorists

Florida readers know that distraction is one the leading issues posing a threat to driver safety. When a person is driving distracted, he or she is a threat to everyone else on the road, and even a moment of inattentiveness could lead to devastating consequences. Texting and driving and other phone-related activities continue to be some of the most common sources of distraction.

While it is always a possibility that the individual who actually causes an accident could be liable for damages caused by distracted driver, some people think others should carry some blame as well. There is an increasing number of people who think that not only should a texting driver be liable for an accident, but the other person involved in the text exchange should be as well.

Who is really at fault?

There is an emerging concept that the sender of the text is as responsible for a distraction-related accident as the person reading it while driving. In fact, this new theory on liability and fault has already made an appearance in a lawsuit that resulted from a fatal distraction-related accident.

It can be difficult, if not impossible in some cases, to prove fault on the part of the sender. The following are a few issues that could challenge the concept of fault on the part of the sender:

  • It is difficult to prove that a person should have known that the intended recipient of a text was driving at the time.
  • Despite advances in technology, there are few ways to prove beyond doubt that a driver actually saw one particular text.

Ultimately, it is still the driver's decision whether or not to read a text while he or she is behind the wheel of a moving vehicle. While there may be a rare case in which the sender of the text could carry a share of the blame, it is most likely that any civil claim resulting from a distracted driving accident would name the driver as the liable party.

Fighting back against distracted driving

While it is impossible to reverse the consequences and damages suffered from a distracted driving accident, you have the right to seek a full recovery. As the victim of distraction, you are entitled to damages for your physical injuries and financial losses.

If you would like to file a civil claim after an Orlando car accident, you would be wise to take quick action to protect your interests. Your prompt efforts could have a direct impact on the success of a potential civil claim against a distracted driver.

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