If a driver is texting while driving and as a result is involved in a collision, it will likely be fairly obvious that distracted driving was the cause of the incident. Following this, it should be easy for the other party to gain back damages by attributing fault to the party who was texting. However, there can be other situations where distracted driving is not as easy to recognize and prove.
One example of this is an emotional distraction. When a person is experiencing any form of extreme emotions, whether that’s anger, worry, sadness, panic or excitement, they have the responsibility to refrain from driving, because their extreme emotions could affect their ability to concentrate and to drive safely. If you have recently been involved in an accident and you believe that the other driver was emotionally distracted, you should take the time to understand the definition of emotional distraction as well as get some tips for proving probable cause.
The definition of emotional distraction
Distracted driving is defined as any type of driving in which the driver isn’t fully focused on operating the vehicle to the best of their ability. Therefore, distracted driving could be the act of eating, smoking or drinking while behind the wheel. It could also be switching the music or talking to friends in the back seat. Emotional distraction occurs when a person’s stress or anxiety is preventing them from driving safely. This can occur in the aftermath of an explosive argument, for example.
Proving that emotional distraction was the cause of the accident
It can be difficult to prove that a person’s emotional state was the cause of an accident. However, you may be able to gain witness statements that provide evidence to suggest that their emotional state was the probable cause of the accident.
If you have been involved in an accident and want to show that it was caused by the other party, it is important that you take action to correctly attribute fault.