Distracted driving incidents are becoming quite common, but when it comes time to sue a driver, you will need to supply evidence that the driver was actually distracted.
Sadly, this is not as straightforward as it might seem.
Distracted driving is more than just talking on a phone or texting. In fact, there are other ways a driver can be distracted, such as eating, drinking, talking to a passenger, or even adjusting the radio.
So, how do you prove that the other driver was distracted at the time of the incident?
5 Ways to Prove the Driver Was Distracted
There are five potential pieces of evidence which help to establish that the other driver was distracted. These include:
Police reports or the officer’s testimony. A police report is filed immediately after an accident. That report may detail the officer’s experiences, and the circumstances that led up to the accident. If you saw the driver on the phone at the time of the accident, and you tell the officer that responds to the accident scene, it should be in the police report.
The at-fault driver admits that they were distracted. Sometimes, a driver will admit that he or she was distracted at the time. They might blurt it out and witnesses hear it at the scene, or they may even admit to officers that they were distracted.
Witness statements. Another powerful tool is witness statements. A bystander may have seen the accident and noticed that the driver was on the phone.
Cell phone records. If you suspect that the other driver was texting or talking on the phone at the time of the incident, your attorney can request copies of the driver’s cell phone records. These are admissible in court and can be used to establish that the driver was illegally using their phone while driving.
Video or photographs. You might be surprised how many active cameras surround you every day. Surveillance cameras could catch a distracted driver talking on the phone, or police dash cams might see a driver weaving in and out of a lane because they are not watching the road. These videos can help establish that a driver was distracted at the time of an accident.
Hire an Attorney for Help with a Distracted Driving Case
If you suspect that the driver that caused your accident was distracted, you will need an attorney to assist you. Gathering the evidence required to establish distraction is time-consuming – and you are recovering from a serious injury.
Therefore, you need an attorney with experience handling these types of cases. Gladstein Law Firm, PLLC can help you.
Schedule a free, no-obligation consultation with an attorney today by calling toll-free 800-991-0474, or request more information online.