Proving Fault in Distracted Driving Accidents

Imagine you’re taking your kids to school. Everything is good until someone texting on their cell phone slams into your car. You want to sue the other driver. But they deny they were on their phone. How do you prove the distraction? It is challenging. But you can take steps to improve your chance of winning in court.

This article explains distracted driving and addresses how you can prove fault in a distracted driving case. State distracted driving laws vary. A personal injury attorney in your area can explain your state’s laws. They can give you legal advice about your unique situation. They can also represent you in your car accident claim.

What’s Distracted Driving?

A distraction is anything that takes your attention away from driving. Distractions fall into three categories:

• Visual is when you take your eyes off the road.
• Cognitive is when you take your mind off driving.
• Manual is when you take your hands off the wheel.

Some examples of distractions include the following:

• Texting, talking, or using social media on your cellphone
• Eating
• Putting on makeup
• Using your navigation system

Is Distracted Driving a Problem?

Many motorists don’t think messing with the radio or downing a burger while they drive is a problem. But distracted drivers harm thousands of people every year. According to the U.S. Centers for Disease Control and Prevention (CDC), distracted driver accidents kill nine people every day. In 2019, 3,100 people died in auto accidents involving a distracted driver. On top of that, more than 400,000 were injured. One in five deaths involved people who weren’t in a motor vehicle. Young adults and teens are more likely to cause distracted driving accidents.

Because of this serious problem, many states have laws to prevent distracted driving. These laws include prohibiting cellphone use while driving. Some states also limit how many passengers can ride with a teen driver. States also use rumble strips to alert tired and distracted drivers who are about to drive off the road.

How Do I Prove Distracted Driving?

Distracted drivers often deny the distraction after they cause an accident. Whether you’re making an insurance claim, negotiating a settlement, or filing a lawsuit in court, you will have to prove they’re not telling the truth. Gathering these pieces of evidence can help:

• Document the scene of the accident: Note the date and time of the accident. Take photos of the scene. Be sure to get photos of the inside of the other driver’s car. Look for evidence they weren’t paying attention. Things like makeup or food strewn around the front seats can help show they were distracted. Also, get photos of the positions of the cars, traffic signs and signals, and skid marks.
• Talk to witnesses: Get the contact information for anyone who saw the accident. Ask them if they will give a witness statement to the police. Witness testimony can also help your injury claim with the insurance company.
• Get a copy of the police report: The police officer should document what the other driver said and how they acted.
• Get video evidence: Look for traffic cameras, surveillance cameras, and dashcams. This camera footage may show the other driver was distracted.
• Get phone records: Cell phone records may show the other driver was on the phone or sending text messages during the accident.
• Check social media: The other driver’s social media could show they were on the internet during the crash.

You may not know how to get some of this information. A car accident lawyer will know how to request and use these records in your car accident case.

Contact a Personal Injury Lawyer for Help

Proving that a distracted driver caused a car crash can be challenging. But an experienced car accident attorney can help. They can tell you what types of evidence to gather to help improve your chance of winning your case. They can also represent you in court if it’s necessary to take your case for compensation in front of a judge and jury.