Ask A Lawyer

Tell Us Your Case Information for Fastest Lawyer Match!

Please include all relevant details from your case including where, when, and who it involoves.
Case details that can effectively describe the legal situation while also staying concise generally receive the best responses from lawyers.


By submitting this lawyer request, I confirm I have read and agree to the Consent to Receive Email, Phone, Text Messages, Terms of Use, and Privacy Policy. Information provided may not be privileged or confidential.

What Makes Distracted Driving Accidents Different - St. Louis Auto Injury Attorney

by Christopher Hoffmann on Jul. 10, 2017

Accident & Injury Accident & Injury  Car Accident Accident & Injury  Personal Injury 

Summary: Considering use of cell phones while driving is illegal, a distracted driver that has caused an accident especially due to the use of cell phones, is generally guilty of not only negligence, but also guilty of knowingly engaging in activity that has put other people’s lives at risk.

American roads have witnessed a huge change in the driving habits of motorists. This change can be largely attributed to technology and its wide acceptance, especially in the form of smartphones, technologically smart vehicles and the need to be constantly socially active. While technology has brought about many improvements for drivers, it has also sadly increased the distractions, and in turn significantly increased the rate of on-road accidents.

Distracted driving

Driving is an activity that requires a drivers attention at all times. Even a two second distraction can put drivers at risk of being involved in an accident. The vital difference between any typical car accident and an accident caused due to distracted driving is that distracted driving includes engaging in any activity that is not required for operating the vehicle, and that causes the driver to shift his attention and eyes off the road for an extended period of time.

St. Louis auto accident attorney explains that distracted driving encompasses activities like chatting with co-passengers, playing music, eating, talking on the phone, texting, looking at a pop-up notification displayed on the phone, and even crying. Out of these, use of phones while driving is the most dangerous and poses an imminent threat to everyone on the road.

Failure to exercise the highest degree of care

By law, all motorists are expected to exercise the highest degree of care while driving. It is their duty towards co-passengers, other motorists on the road and other non-motorists on the road as well. Therefore, if a motorist fails to exercise the highest degree of care while driving they are termed negligent and can be held liable for putting the lives of others at risk.

Considering use of cell phones while driving is illegal, a distracted driver that has caused an accident especially due to the use of cell phones, is generally guilty of not only negligence, but also guilty of knowingly engaging in activity that has put other people’s lives at risk.

Proving distracted driving

More than often, an accident caused due to distracted driving is difficult to prove in the court of law unless there is enough solid evidence against the offender. This is because distracted driving offenders often lie during civil proceeding about the cause of the accident to escape the law, in spite of knowing that their conduct was dangerous enough to injure and / or cause death. Lying about the cause of the accident can amount to aggravated liability.

The need for change

Distracted driving has become a lethal menace. While it is essential to increase awareness about the perils of distracted driving, it is equally essential to ensure that distracted driving offenders are sufficiently punished by the court of law for endangering themselves and others due to their dangerous conduct and damaging property.

The responsibility thus lies in the hands of victims of distracted driving to be able to prove aggravated liability where necessary and bring it to the notice of insurance companies, driving safety stakeholders and the general public that distracted driving, especially due to the use of phones while driving, is unacceptable.

If you have been injured in a distracted driving accident, you should seek legal help from a competent St. Louis accident lawyer.


Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.