Applying Makeup While Driving Can Affect Your Car Accident Case

28 April 2020
 Categories: Law, Blog

In 2018, 2,841 lives were lost due to distracted driving. When you're busy and you often are forced to commute to work, you may want to do everything you can to save time. It's hard to find time to apply makeup, but trying to apply makeup while driving can lead to more severe consequences than just a terrible makeup job. You might also face criminal penalties and you may face civil litigation after getting in an accident. 

Distracted Driving Can Be a Crime

Applying makeup can be a crime because it can be considered distracted driving depending on your jurisdiction. There might even be laws on the books that specifically prohibit distracted driving. A citation for distracted driving can be hundreds of dollars. The citation may also serve as evidence to bolster the other party's claim that you were responsible for the accident.

Distracted Driving Can Become Reckless Driving

Some states do not specifically prohibit driving while applying makeup. However, if your driving while applying makeup is especially dangerous, you may be cited for careless or reckless driving.

The Other Party Might Argue That You're At Fault

After a car accident, you might believe that the other motorist was at fault for the crash. However, if witnesses saw you applying your makeup, this might be used as evidence that you actually caused the accident and you may be found partially or fully at fault.

Even if the other driver failed to show a duty of care by not driving safely, you may be held partially at fault. This could lead to you receiving a lower settlement. Having a moving violation and an accident on your record can also lead to your insurance rates going up substantially. 

An Attorney Can Help You Dispute a Distracted Driving Claim

If you are being accused of applying makeup while driving, you'll want to speak with a car accident attorney. There might not be sufficient evidence that you were applying makeup. If you do not admit that you applied makeup, the case might come down to your word vs the other driver's. 

The question of whether you were applying makeup will likely come up as your car accident attorney negotiates with the insurance provider of the other motorist. The insurance provider will attempt to minimize how much they will pay you. However, an experienced attorney will protect your rights and negotiate with the insurance provider to ensure that you receive the compensation that you deserve.