Posted on: 16 June 2023Share
The law varies greatly when it comes to wearing headphones while operating a motor vehicle. However, regardless of the law, the reality is that wearing headphones can serve as a distraction for drivers, and, as with any distraction, it can lead to an accident.
The Letter of the Law
Again, the law is not the same from state to state. In some states, it is illegal for any person to drive a vehicle with one headphone in their ear, in some states, a driver can have one headphone, but not two, and in some states, there are zero restrictions. How, and if, the fact that the driver was wearing headphones at the time of the collision impacts your claim will largely be dependent on the law. It is helpful for all victims to familiarize themselves with the guidelines in their state to know where they stand.
Proof of Distraction
To maximize the value of an accident claim, it is also helpful if the victim can prove that the headphones caused a distraction to the driver. For example, consider a scenario where the victim was honking their horn to make sure the other driver was aware of the presence on the side of the road. However, because of the headphones, the other driver did not hear it. In this case, wearing headphones was a distraction because the driver could not hear the motorist's alert.
When the driver is operating the vehicle outside the confines of the law, and there is proof that their headphones were a distraction, the accident victim may be able to argue that the driver was operating under gross negligence. In this scenario, the victim could argue that the drivers' willful ignorance of the law caused them serious harm. Cases where gross negligence is included often involve pay for non-economic losses, such as pain and suffering.
Help From an Attorney
As you might imagine, auto accidents involving headphones require understanding the law. However, they also require the ability to prove that the other party was distracted and at fault. This application level is often best reserved for an attorney's knowledge. Any person in this scenario should consider speaking with an attorney about the specifics of their case so that the attorney can get to work proving their claim.
Were you or a loved one injured in a vehicle crash? Contact a local law firm, such as Jeeves Law Group, P.A., to learn more.