Posted on: 18 October 2018
Most people have done it before: messing around with the radio while driving. Many drivers figure that they are good enough drivers to avoid an accident while using the radio...until they cause one. And now, a lawsuit is being pursued against them for distracted driving. Thankfully, defenses are possible for this situation.
Fussing With A Car Radio Is Distracted Driving
When radios were first installed on cars, experts believed that accidents would increase due to distraction. And while many people do get a concentration benefit out of the radio, many others get distracted and end up in a serious crash.
Even worse, people may end up hurting somebody while they are trying to change the radio, turn up the volume, changing CDs, or messing with Bluetooth. Unfortunately, there is a good chance that the person who was messing with the radio will be considered liable in these accidents.
Accidents Caused By Car Radios May Be Your Fault
Playing around with the radio while driving, even if you kept your eyes on the road, may be considered one form of distracted driving. While most laws about this problem focus on cell phone use, people who are looking away from the road or splitting their attention are distracted and driving.
This type of behavior kills thousands of people every year and leaves many more injured. And in this type of case, you are most likely going to be considered liable for any accidents that occur because you were splitting your attention inappropriately. However, you can still defend yourself successfully.
Defenses Are Possible
While this type of case might seem rather cut-and-dry, that isn't quite the case. Proving distracted driving is often very hard. For example, even the use of cell phone records can't quite pin a case of distracted driving on most people. And it'll be even harder to prove you were messing with the radio.
However, if there is very good testimony from witnesses claiming that they saw you playing with the radio at the time of the accident, you can use the concept of comparative negligence. This defense centers on the idea that the other person in the crash not only behaved negligently but contributed more to the crash than you.
So if you are going through a case like this and need help defending yourself, please don't hesitate to contact an auto accident attorney about your rights. These professionals can find a defense that works for you and give you the protection you need to avoid losing a complex and difficult case.Share