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What Is Driver Negligence? Understanding When Drivers Fail Their Duty

What to Do After an Auto Accident_ A Guide for Protecting Your Rights - Kelleher Law

Driver negligence is among the leading causes of auto accidents in the United States. A relatively broad term, driver negligence encompasses a range of behaviors that increase risks for accidents, placing everyone on the road in danger of serious or fatal injury.

Common examples of driver negligence include:

  • Distraction. This may include cellphone use, onboard electronic use, and even voice command technologies.
  • Intoxication. This includes alcohol, illicit drug use, and certain prescription and OTC medications.
  • Ignoring Rules. This includes signs and signals for speed, road hazards, and traffic flow.
  • Improper Maneuvering. This includes erratic lane changes, failure to signal intent, tailgating, and road rage.

A driver behaves negligently when they are no longer paying attention to the road, allowing other drivers space, or appropriately flowing with traffic.

A Closer Look at Distraction

Distracted driving is a factor in most motor vehicle accidents. Sometimes it’s slight, such as a momentary glimpse at GPS or adjusting a radio station. Sometimes it’s more severe, such as typing, reading, or eating. Regardless of the level or cause of distraction, however, when someone else’s inattention causes harm, victims are entitled to hold them accountable and seek compensation for any related damages.

Of course, it is possible that all of the drivers in an accident are distracted or share fault in some other way. In these cases, victims are still entitled to seek compensation through legal action, but any award will be reduced by whatever percent of fault they are assigned.

Known as comparative negligence, this approach is followed to varying degrees in Florida and Georgia. If you have been involved in an auto accident in one of those states and are unsure of your options, the attorneys at Kelleher Law are here to help. We can review your claim for free, provide information about your rights and options, and help you decide the best path forward.

Please call Kelleher Law at 833-546-3675 to schedule a complimentary case review today. We maintain offices in Ft. Myers and Naples, Florida, and Roswell, Georgia. We serve victims of serious injury living throughout those states.

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