Cognitive Distraction and Car Accident Liability

This article will discuss cognitive distraction and how cognitive distraction affects liability in car accident cases.

It must be noted that driver inattention is just as dangerous as driving while intoxicated. Generally, a safe driver pays attention to the road while in contrast, a distracted driver literally does not see what is in front of his or her face. As a result distracted driving or cognitive distraction is a form of negligence and as such can be a decisive factor in finding fault for a car accident.

In order to illustrate the dangers of cognitive distraction it is important to realize exactly how far a car can move while a driver is not paying attention. 60 miles per hour equals 88 feet per second, therefore, if a driver is driving at 60 miles per hour and takes his eyes off the road for just 2 seconds the car will move 176 feet while the driver is not looking. There may be little to no consequence if the driver is driving on a completely empty road in the middle of the desert, however, if he is driving in a city where roads are crowded and people walk or run in the street anything can happen within the 2 seconds.

1. Talking on a non-hands-free phone

2. Texting

3. Looking at directions 

4. Dealing with children in the back seat 

5. Getting something out of the glove compartment

6. Picking something off the floor 

7. Adjusting your seat 

8. Getting something out of your pocket 

9. Getting something out of the back seat

10. Rubbernecking, that is looking at something or someone by the side of the road

This list is not exhausted, therefore, it is safe to conclude that anything that causes a driver to take his or her eyes, concentration and focus off the road is a cognitive distraction. Even something as simple as talking with a passenger or singing to your favorite song of the radio can be a cognitive distraction.

Because cognitive distraction is negligence it is necessary for a plaintiff to prove that the defendant in the car accident case was doing something that caused his or her attention and focus to be taken off the road. If the plaintiff is able to prove this he or she will win the personal injury claim or lawsuit. If the defendant’s lawyer decides that the client was cognitively distracted it is likely that he or she will recommend the insurer consider settling the case. In order to prove cognitive distraction it requires tact on the part of the plaintiff’s lawyer, because no driver would admit to driving distracted. For example, at a deposition a good lawyer will go through a long list of actions that a driver could conceivably do while driving. Basically, cognitive distraction boils down to whether the driver saw what was there to be seen.

For legal advice and representation contact The King Law Firm that specializes in personal injury matters.

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