Rubbernecking Is a Form of Distracted Driving

Something interesting or distracting is always happening on the sides of the roads across Chicago. Whether it is a person being pulled over or arrested or a severe accident that caused a vehicle to flip, drivers are often tempted to watch these scenes unfold.

While you may think that this is completely harmless, it is actually called rubbernecking – and it is considered a form of distracted driving. When a person is engaged in rubbernecking, it can cause the traffic to slow down or come to a complete stop. This, along with the fact that rubbernecking takes your eyes off the road ahead, places you and others at risk of an accident.

What is rubbernecking?

Progressive Casualty Insurance Company defines rubbernecking as a form of distracted driving, where the driver takes their eyes and attention off the road to look at an incident. The most common types of incidents that occur on the side of the road and cause rubbernecking are arrests and car accidents.

However, many other events can result in rubbernecking, such as a police car pulling over a vehicle, a vehicle stopped on the side of the road with its four-way flashers on, a tow truck preparing to tow a vehicle, a pedestrian walking on the side of the road, a construction crew working on a tall building on the side of the road, or an ambulance or fire truck using their flashing lights. Anytime you become curious or concerned about something on the side of the road, and it takes your concentration away from driving, you are engaged in rubbernecking.

What are the dangers of rubbernecking?

Rubbernecking is very dangerous for many reasons, including:

• It can impact your ability to focus and pay attention to driving, the roadways, and traffic
• It can cause traffic to slow down or completely stop.
• It can lead to chain reactions, distracted driving, and secondary collisions.
• It can make it difficult for law enforcement or first responder vehicles to reach the accident scene and help the victims.
• It can cause you to swerve into other lanes, run off the road, or hit other vehicles or pedestrians.

Even though it is human nature to become concerned, interested, or curious about other people or situations, you should try your best to refrain from staring at incidents on the side of the road. It only takes a few seconds of being distracted to cause a severe or dangerous rear-end accident, head-on collision, sideswipe accident, or even a multi-vehicle pileup. Unfortunately, estimates indicate that rubbernecking causes around one-fifth of all motor vehicle accidents across the country.

Is rubbernecking illegal?

There is no specific law that mentions rubbernecking in Chicago. However, since rubbernecking is a form of distracted driving, it is considered illegal. Law enforcement strongly encourages drivers to pay full attention to the task of driving. Therefore, if a driver is caught rubbernecking or driving while distracted, they could potentially face legal consequences.

Is there a solution to rubbernecking?

The only solution to rubbernecking is to prevent drivers from being able to see accidents, arrests, and other incidents that occur on the side of the roadway. While the simple solution should be to inform and encourage drivers to remain focused even when they see an incident on the side of the road, this is much easier said than done. A few other countries have used incident screens for several years to prevent rubbernecking.

These screens look like large fences that drivers cannot see through. Two workers can set them up and position them around the scene of an accident very quickly and successfully block drivers’ views. As a result, the authorities can reduce the effects of rubbernecking, such as traffic slowdowns and hold-ups, congestion, and secondary crashes.

Can a person be held liable for a Chicago rubbernecking accident?

Yes, a person can be held liable for an accident caused by rubbernecking. As mentioned, rubbernecking is a form of distracted driving, which is negligent behavior. Therefore, drivers who engage in rubbernecking may owe damages to others if they cause a collision or injuries. However, before they can be found liable, those injured in the crash must establish that rubbernecking caused the accident, injuries, and other losses. If you were injured in an accident and believe the other driver was rubbernecking, you must prove the following:

• The driver owed you a duty of care: You will first need to prove that the driver owed you a duty of care to keep you safe and harm-free on the roadway.
• They breached their duty of care: Next, you must prove that they breached this duty by engaging in rubbernecking.
• There is a direct connection between the rubbernecking and your accident: A direct link must show that the driver’s rubbernecking caused your accident. This means that your accident would have never occurred if they had not been staring at the incident on the side of the roadway.
• You suffered damages due to the accident: You will also need to show proof that you suffered various damages from the accident, such as medical bills, lost wages, pain and suffering, property damage, and more.

Keep in mind that rubbernecking accidents can quickly become complicated. For example, the at-fault driver and their insurance company will look for any grounds to argue that you were speeding, following too closely, slammed on brakes, or made a mistake or error that contributed to the accident. Therefore, if you want to increase your chances of winning your case and receiving maximum compensation, hiring an experienced, skilled, and knowledgeable car accident attorney at your earliest opportunity is recommended.

What evidence can help me prove that a driver was engaged in rubbernecking before my accident?

If you want to prove that a driver was engaged in rubbernecking before your accident, you and your lawyer must gather strong and convincing evidence that reveals this type of negligence led to your crash. For example, you will likely need to show that the driver slowed down, stopped, turned their head away from the roadway, drifted into another lane, ran off the road, or struck your vehicle suddenly. Some evidence that could help you show this includes:

• Surveillance footage
• Dashcam footage
• Police reports
• Medical records
• Eyewitness statements
• Expert witness testimonies
• Photographs and videos

Have you recently been involved in an accident with a driver who was engaged in rubbernecking or distracted driving? If so, the Chicago car accident attorneys at Gainsberg Injury and Accident Lawyers can help. Our firm has built a strong and solid reputation for helping our clients obtain the justice and compensation they deserve after being injured by a rubbernecker or a distracted driver, and we are dedicated to working tirelessly on your case and advocating for your rights and financial recovery. Please call our office or submit our contact form to schedule a free consultation to learn how we work to hold the at-fault driver accountable for their actions.