Some drunk drivers are required to use interlock devices so that they cannot operate their motor vehicles if they are inebriated. These devices have been successful in reducing the number of crashes that are caused by alcohol consumption. However, the interlock may also distract the driver and cause an accident. If you're involved in an accident with a distracted driver of any type, you will want to speak with an auto accident lawyer about how you may be entitled to compensation.
Examples of an Interlock Device Causing an Accident
One example is when a driver drops an interlock device and is searching for it. While searching, the driver might be distracted and take their eyes off the road causing a crash. This is a result of the rolling retest. The driver must periodically perform breathalyzer tests for the vehicle to continue to function and is put in place to prevent a friend from blowing into the breathalyzer to activate the car for a drunken motorist.
The act of performing a rolling retest can also contribute to an accident because the driver must blow into the breathalyzer. Taking their eyes off the road for even a short period can potentially lead to an accident. This type of distraction has been compared to that of a cell phone.
Some devices allow for the vehicle to continue to operate but will cause the lights to flash and the horn to honk. In these cases, the driver will need to pull over to the side of the road and perform another test before resuming the operation of the vehicle.
If the motorist was distracted while driving and collided with your vehicle, they will be responsible for the accident even if they were trying to perform a rolling test. Because the interlock device allows a driver to pull over and perform the test, there's no reason for the driver to perform the test while operating the vehicle.
However, proving that the driver was distracted can be tricky without the help of an auto accident attorney. You may need to track down witnesses who saw the driver using the interlock device while driving. To seek compensation from the driver's insurance provider, you must prove that there was a case of negligence. However, while being distracted is not enough to be responsible for the accident, it can assist your attorney when seeking a settlement or making a case in court.
Reach out to an auto accident lawyer for more information.