Parenting is an occupation that does not pause even when a parent is behind the wheel of a car. As a result, many parents have experienced moments when their attention is pulled from the road to tend to a child in the car. In fact, it has been widely reported that new mothers, for example, are among the most distracted drivers on American roads.
A crying baby, a child with a nosebleed or a sibling argument in the back seat can all feel urgent in the moment. Unfortunately, tending to a child while driving is a distraction. And when these distractions lead to a crash, questions of liability understandably arise. In most cases, parents who allow themselves to become distracted while driving can be held responsible for the accidents and injuries that result from their inattention.
A matter of responsibility in more ways than one
Distracted driving is broadly defined as any activity that takes attention away from the task of safely operating a vehicle. While people often think of texting or using a phone as sources of distraction, tending to children can be just as dangerous. Even a momentary glance into the back seat can reduce reaction times and increase the risk of running a red light, rear-ending another vehicle or drifting into another lane.
When a crash occurs under these circumstances, liability is determined much the same way as in other distracted driving cases. If a parent’s inattention caused or contributed to an accident, they may be found negligent. Victims of the crash, whether other drivers, passengers or pedestrians, have the right to seek compensation for injuries, property damage and other losses accordingly.
This does not mean parents cannot respond to their children’s needs while driving, but it does mean they must do so responsibly. Pulling over to a safe location before tending to a child is the safest option. Choosing to manage a situation while the car is in motion creates a foreseeable risk, and the law holds drivers accountable for making that choice if harm occurs.
Ultimately, while parenting distractions are understandable, they do not excuse negligence on the road. Parents behind the wheel owe the same duty of care as all other drivers. When that duty is breached because of a distraction, they may be liable for the consequences, just as they would be if a phone or food caused their inattention.