Distracted driving or inattentive driving almost always leads to an accident. If you have been an inattentive or distracted driver from time to time without getting into an accident, so far you are A) lucky, and/or B) probably not aware of the fact that your actions are illegal. Before you get into a serious accident, learn about the three types of inattentive driving and what legal recourse other drivers can take against you, as explained from the viewpoint of your motor vehicle accident lawyer (such as one from Shaevitz Shaevitz & Kotzamanis).

Daydreaming

This is a form of distracted driving that is really quite common, especially if you take the same route to work every day. You will not notice that you are doing it until you show up at your destination and do not fully recall how you got there. Many people let their minds wander during menial or familiar tasks, but unfortunately for drivers this a very bad and dangerous habit.

When it results in an accident, it becomes "distracted driving," which results in fines and possibly points off your license. When you injure or kill people because of daydreaming while driving, then it becomes an illegal act for which you can be sued. However, the other drivers and passengers must first prove that you were daydreaming/distracted while driving, in which case this may be the easiest legal situation from which your attorney may be able to extract you or get a reduced punishment.

Texting or Talking on the Phone Behind the Wheel

With the onslaught of cellphones and smartphones, a wave of auto accidents followed. Because of these incidents, texting and talking on the phone is now illegal in almost all of the U.S. and a few territories. Since cellphone towers and your device can record information proving you were distracted at the time of your accident, you could be in a lot of legal trouble when the police show up on the scene. Even if your call or text was in regards to an emergency situation, your lawyer will tell you that you needed to pull over to the side of the road to take the call, make the call or respond to/ send a text. 

Sleeping Behind the Wheel

Although many new cars on the market now have some automated features, no car, as of yet, has a full and complete autopilot mode. That means that if you fall asleep behind the wheel, you cannot claim that your car is responsible for the accident because its "autopilot" features failed to prevent an accident. Additionally, if you fall asleep in a vehicle, get into an accident and then wake up in the hospital, your bloodwork can show that you were asleep, (e.g., increased melatonin, decreased blood sugar, etc.) which provides enough evidence to support lawsuits from other drivers and passengers involved in the same accident.