If you’re driving while distracted, you may be breaking state law by driving recklessly. Increasingly, drivers are distracted by interacting with smartphones when using apps, participating in video chats, or watching videos. Though these activities aren’t explicitly banned in Kentucky statutes, our reckless driving law is broadly worded enough to cover them.
Driving While Viewing
Vice published a piece about Kentucky drivers watching videos on their smartphones while driving. It states in part:
“Amazingly, it is perfectly legal for drivers in Kentucky to watch YouTube or any other video while driving. Kentucky only explicitly bans texting while driving and provides exemptions for using GPS functions and punching in phone numbers. It also doesn’t forbid browsing social media or other app-like functions.”
Texting while driving is explicitly banned, but that doesn’t mean driving while distracted, whether by watching YouTube videos or doing something else, is legal.
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Distracted Driving is Reckless Driving
Reckless driving is a traffic offense costing up to $100. If you’re guilty of it three times within 12 months, your license can be suspended for six months. State statute describes reckless driving as:
“The operator of any vehicle upon a highway shall operate the vehicle in a careful
manner, with regard to the safety and convenience of pedestrians and other
vehicles upon the highway.”
If you’re focused on your smartphone, even just part of the time, you’re not carefully operating your vehicle, and you’re not showing any regard for the safety or convenience of pedestrians or other drivers.
Unless the driver admits to watching videos while driving, a witness can testify to it, or an officer saw the person driving while on a Zoom call or viewing Netflix, it may be tough to show grounds to issue a ticket. But that doesn’t make it legal.
Would it Help My Civil Case If the Other Driver is Convicted of Reckless Driving?
A person could receive a ticket for reckless driving and admit guilt by paying it. They could also dispute the ticket, go to trial, and, if unsuccessful, be found guilty by a judge. Depending on the facts, a reckless driving ticket may be one of many infractions a person may be accused of, like speeding and ignoring a stop sign.
Reckless driving is also commonly used by those arrested for driving under the influence of alcohol or drugs (DUI) to avoid a trial. They agree with a prosecutor to plead guilty to reckless driving in exchange for having the DUI charges withdrawn.
No matter how it happens, if you’re injured in an accident caused by someone guilty of reckless driving, it should make your civil lawsuit seeking compensation for your injuries easier because that driver was negligent per se.
What is Negligence?
The foundation of almost every personal injury case is the negligence legal theory. To be successful, you’d need to show that it’s more likely than not:
- The defendant (the other driver, the one being sued) owed you (the plaintiff) a legal obligation or duty of reasonable care (to do or not do something given the circumstances)
- The defendant breached that duty or failed that obligation
- That’s the factual and legal (or proximate) cause of your accident and injuries
- The defendant is obligated by Kentucky law to pay you damages (your harm measured in dollars)
Not every driver’s mistake rises to the level of negligence. But if the defendant is convicted of breaking the law (reckless driving) and caused your accident, that can show the defendant is liable in a different but related legal claim.
What is Negligence Per Se?
It’s a way to use a criminal or traffic violation conviction to show the driver caused an accident and should pay compensation to the victim. A Kentucky statute states:
“A person injured by the violation of any statute may recover from the offender such damages as he sustained by reason of the violation, although a penalty or forfeiture is imposed for such violation.”
If you sue the other driver using this law, their insurance should pay a claim, though there may be a general exclusion the policy doesn’t cover losses caused while the insured commits a crime. Though the liability issue (the driver committed a wrong and must compensate the accident victim) would be resolved, you would still need to establish you suffered damages.
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How Would This Impact Negotiating a Settlement?
Reaching an agreement with an insurance company typically involves three key issues: liability, damages, and the case’s settlement value. If a driver is guilty of reckless driving, they’re negligent per se, and liability has been decided, so we’re down to two issues. Unless the insurance carrier is being unreasonable, the parties should achieve a negotiated settlement in this situation.
Contact Us Today
If you have any questions or want to discuss compensation with an attorney for injuries suffered in an accident caused by a distracted or reckless driver, call The Fleck Firm at (270) 446-7000 today. Insurance companies have lawyers. You should have one, too.
