The issue of legal fault and liability in the majority of personal injury claims and lawsuits usually comes down to determining which party was negligent. With a car accident claim, the most obvious reason that a driver could be found negligent is when he or she is under the influence of alcohol or drugs while driving. You’re probably familiar with advertisements that tell you not to operate heavy machinery while under certain medications.
If you don’t already know, a vehicle (yes, even the tiniest car) is considered heavy machinery, and in the event that you get into an accident while under one of those medicines, you might find yourself facing a personal injury lawsuit due to negligence.
Basic Inattention is Considered Negligence
Aside from those mentioned above, the most common type of driver negligence is actually inattention to the surroundings, specifically the road. If you take your eyes off the road for even a split second, you could be held accountable for negligence if an accident occurs, warns a personal injury lawyer in Springfield, Illinois. There a plenty of ways in which you could be held liable for negligence, such as when you:
- Glance at or use your mobile phone or device — texting, browsing, answering calls, etc.
- Look at someone or something outside your car
- Look at or read a map, book, newspaper, etc.
- Adjust your seat
- Change songs on the radio or music player
- Get something from your pocket, glove compartment, or backseat
- Look at your kids to reprimand or speak with them
- Apply makeup
- Drink or eat any kind of beverage
Attorneys have used the above-mentioned examples, as well as plenty more, in order to prove the driver’s negligence in a vehicle accident lawsuit. With this in mind, if you were a part of a car accident due to the fact that you were performing any of those things, chances are that you could be held accountable for your actions.
Although your insurance company would be the one to pay for the claim, they would also increase your insurance premiums. Consult a personal injury attorney to help you make your case and avoid hefty penalties.