I Was Paying Attention, it just jumped out at me
An important part of the general duty of all drivers of cars, trucks and motorcycles is to pay attention. (See Who is atfault in an accident?). This requirement goes beyond paying attention to your own car's speed and the traffic lights. All drivers have a duty to look around them and notice the other folks on the road.
This requirement means is you've got to be alert, and on the lookout for others. Think of this rule as the opposite of MYOB - "mind your own business." When driving,you are required to
be looking around, noticing what is on the road and around you, and in particular, noticing what other drivers do.
It goes without saying, you can't get distracted by talking on the phone, texting (See "28 percent of accidents involve talking, texting on cellphones "), selecting songs on your iPod, or changing radio stations. If you are driving while really sleepy or feeling sick, you are less able to stay alert and may miss things. You also can't just space out while you are driving, because if something in plain sight and you missed it, that is your mistake and you can be held liable.