What Is Considered Distracted Driving?

November 24, 2021
Advice, Automotive

Distracted driving happens to be one of the top reasons why drivers get into car crashes. Any kind of activity that happens inside a car that can take the driver’s attention away from the road is what leads up to a life-threatening accident. Some forms of distracted driving are illegal, while others are simple mistakes. This includes visual, cognitive, manual, and auditory distractions.

Visual Distractions

This occurs when you are not looking at the road but are distracted because you are looking at something else. You may be looking at a store you’re passing, something in the distance, the sky, or other individuals inside your car. Taking your eyes off the road can cause a bad car crash.

Cognitive Distractions

Cognitive distractions happen when you are not thinking about driving but other things instead. For example, you may be emotional about a situation, and you are daydreaming. This can make you zone out and forget where you are, causing a delayed reaction when an obstacle gets in your way. You may not notice other drivers around you, which can result in an accident.

Manual Distractions

These distractions happen when you are moving something else around other than the steering wheel. For example, you might be texting, mapping out your destination, changing the radio station, adjusting your seat, or turning on the AC. Anything that takes your attention away from the steering wheel and the road is a distraction.

Auditory Distractions

This is when you are listening to something that takes your attention away from driving. While music isn’t typically an auditory distraction, listening to someone talking in the car or over the phone is.

Illegal Examples of Distracted Driving

In some states, you can’t use a cellphone at all while driving. For example, texting is illegal in most states and can result in citations. Many states allow you to talk to someone on the phone as long as it is using a hands-free device. However, in Kansas City, there is no ban on holding a phone while driving. Though you won’t get charged with a citation if you get into an accident because you were distracted by your cell, you still have to manage the responsibility of car crash damages.

Drivers who have an intermediate license have to follow a cell phone ban law. This means that all novice drivers are not allowed to use a cell phone while operating a vehicle at all. Fully licensed drivers can still make phone calls but cannot text.

Can An Attorney Prove That Someone Was Texting or Distracted While Driving?

Your car accident attorney in Kansas City can subpoena the other driver if they are at fault for a car accident, demanding that their wireless carrier provides cell phone usage data. This information can show whether the other driver was texting or not when the vehicle got into a car crash. Because texting while driving is illegal in Kansas, this evidence will support showing who is at fault for a car accident.

Additional Help from Car Accident Attorneys

Your attorney can use different methods to prove that the other party was distracted if you got into an accident that wasn’t your fault. They can get witnesses to testify on your behalf and pull out camera footage if any traffic cameras are nearby.

Featured Image by Larisa Koshkina from Pixabay