Today, there has been a remarkably sharp rise in vehicle crashes caused by distracted driving. However, apart from distractions, there are also a number of other causes of car accidents, and each reason has different consequences and punishments under the law. Hence, this article is aimed at highlighting some of the key differences between a negligent driver, a distracted motorist, and a reckless one.
Organizations like the Felix Gonzalez Accident and Injury Law Firm can offer detailed explanations and guidance on the various factors that play a role in causing an accident. Just because the terms negligent, distracted, and reckless sound synonymous does not mean you can equate them under the law. For instance, using the case of distraction to argue negligence can make one lose one’s chance at court. So, read on to know how they differ.
A Distracted Driver
In layman’s language, a distracted driver is an individual with diverted attention on the road. Examples of a distracted motorist include a person applying makeup, browsing the phone, eating, texting, or leaning over to pick up an item from a floorboard. Driving requires concentration at all times because every driver must take responsibility for their safety, and even a momentary lapse of attention could lead to a devastating accident. However, proving distracted driving in court is challenging because one must present physical evidence to convince the judge. An example of acceptable evidence for distracted driving is an uncompleted text on the defendant’s cell phone. Your case will also proceed if you have a willing witness.
Security systems can sometimes film a distracted driver at a nearby business or home. In such an instance, it will be impossible for the defendant to play smart. You need strong evidence to determine an offense if a distracted motorist denies liability. It will help you know which insurance company to approach for the fault. In addition, if you can prove a distraction, you can engage an attorney to file a substantial monetary suit, depending on the severity of the crash and harm. Hence, despite the technical nature of this offense, you can still bring a defendant to their knees.
A Negligent Motorist
A negligent motorist is an individual who is careless behind the wheel. Instances of negligent driving include failure to yield the right-of-way and overlooking traffic signs. Through their carelessness, a negligent driver may cause a preventable accident if they had adhered to the rules of the road. A negligent driver usually acts unintentionally. It means that if they were diligent while driving, they could have prevented the ugly scenario they created. Of course, ignorance is not tenable before the law. Hence, one can institute a lawsuit against a negligent driver who causes loss and harm to another individual(s).
A Reckless Driver
A reckless motorist is the most dangerous of the three classifications. They behave with flippant disregard for the safety of other road users. For instance, it is a reckless act to run a red light or drive when intoxicated. Such reckless attitudes usually lead to devastating accidents or deaths. Hence, a reckless motorist can face criminal charges in an indicted car crash. They have to face the music for their recklessness, which has brought pain and other losses to their victim(s).
Implications for Insurance Companies
There are times when car accidents occur due to other factors without any fault on the part of the involved individuals. It is difficult to hold anyone liable in such instances. However, this is where motor vehicle statutes come into play as they classify motorists into three categories. This classification has helped many insurance firms understand absolute liability and fault in similar situations.
Conclusion
From the classifications, you can see that there is a thin line between the three categories of drivers. A non-specialist will easily mix things up and botch up their chances of winning a good case. However, if you seek help from a proven and result-driven attorney, you will be able to maximize your chances of achieving appropriate and fair redressal.
