If you were recently involved in a crash caused by a distracted driver, proving their negligence will make or break your ability to secure compensation for your medical expenses, property damage, etc. However, demonstrating that the at-fault driver was distracted at the time of the accident can be challenging, to say the least.
Distraction occurs when a driver’s attention is diverted from the road. Some of the most common causes of provable distraction include:
- Texting or using a phone: Reading or sending messages, browsing social media or making calls
- Adjusting in-car systems: Changing music, inputting GPS directions or adjusting climate controls
- Eating or drinking: Handling food or beverages while driving
- Talking to passengers: Engaging in distracting conversations or tending to children in the backseat
- Reaching for objects: Searching for items in the car, such as a dropped phone or bag
Even a few seconds of inattention can lead to a serious collision. To hold the distracted driver accountable, evidence must show that their actions directly contributed to the crash.
Gathering evidence
To prove that the other driver was distracted, it is going to be necessary to collect relevant evidence that demonstrates their behavior before and during the accident. This can include:
- Cell Phone Records: If the driver was texting or calling at the time of the crash, phone records can be subpoenaed to show activity.
- Surveillance or Traffic Camera Footage: Nearby security or traffic cameras may have captured the driver using a phone or engaging in other distractions.
- Eyewitness Testimony: Passengers, other drivers or pedestrians may have seen the driver looking away from the road or using a device before the crash.
- Police Reports: Officers at the scene often include observations of potential distraction in their accident reports.
- Vehicle Data Recorders: Some vehicles store data about speed, braking and steering, which can indicate inattention or delayed reaction times.
- Social Media or App Data: If the driver was using social media or a streaming app while driving, account activity logs may serve as evidence.
Proving distraction requires thorough and knowledgeable case construction. This is just one of the reasons why it’s going to be important for you to seek personalized legal guidance as soon as you can, given your circumstances.
