Tennessee Injury Lawyer Blog

A New Zealand teen recently provided a perfect example of how liability for automobile accidents does not always derive from what someone does while driving. The teen, apparently under the influence of alcohol, decided that it might be fun to stand in the median of a four-lane highway and expose herself to drivers that passed. While this may seem like a plan that could not possibly go wrong, the prank turned a little less funny for the teen after she was hit by a driver who was distracted by her exhibition as she was trying to cross the road. The police inspector assigned to the case told the press that the girl was extremely lucky that the driver who hit her had slowed down because of her behavior. Although the girl rolled up onto the hood of the car and cracked the car’s windshield, she suffered only minor injuries. She was charged with disorderly behavior for her efforts. The criminal consequences of her conduct are discussed on our criminal law blog: http://www.tennesseecriminallawyerblog.com.

Tennesseans should be aware that roadside distractions can give rise to liability for negligence just as easily as actual negligent driving on the roadway can lead to negligence liability. Distracting roadside conduct sufficient to constitute negligence does not always rise to the extreme of spontaneous nudity. Conduct such as dressing up like a cartoon character and flagging down drivers in an attempt to get them to come to your business would also be deemed negligent conduct if it was distracting enough to cause a driver to be involved in an auto accident. While it may seem like a good strategy for restaurants, car washes, or other businesses to get the attention of passing drivers in order to increase profits, one should be careful not to be too good at catching drivers’ attention or the person or business responsible for the roadside distraction could end up paying a hefty amount of damages in a personal injury lawsuit.

Source: http://www.denverpost.com/watercooler/ci_14010425