3 Ways We Can Prove Distracted Driving Caused Your Accident

April 3, 2019

 

In the past decade, smartphones have changed the ways we engage with the world. Smartphones are also a significant cause of distracted driving, which is now a leading cause of motor vehicle accidents. The NHTSA found that 391,000 people were injured in distracted driving crashes in 2015, and another study found that phone use was the cause of 18 percent of distraction-related fatalities in America based on the research conducted by a motor vehicle attorney.

 

For many Grand Strand car accident victims, your attorney will need to prove that driver distraction or inattentiveness caused your accident. Here are three ways we can prove distracted driving caused your accident and injuries:

 

Make the Most Out of Police Reports and Witness Accounts

Obtaining a police report that states the other driver or drivers were legally at fault will, of course, help your legal claim. The same is true of witnesses at the scene who may have observed the distracted driver’s inattentiveness or poor driving.

 

If needed, we can subpoena these witnesses to testify concerning the distracted driving behaviors they noticed. Similarly, law enforcement that was present at the scene may also provide useful testimony that strengthens your legal claim against a distracted driver.

 

Cell Phone Records Are Often Essential for Distracted Driving Claims

As mentioned already, cell phones are often a primary cause of distracted driving in the 21st century. As a result, cell phone records can often provide the evidence needed to show that distracted driving caused the car accident.

 

Without the help of an accident lawyer, however, it will be difficult for an accident victim to obtain those records. The cell phone records of any and all negligent parties in a distracted driving accident may be necessary.

 

Additionally, it is often beneficial to petition that the other driver’s text message records be used in court to conclusively prove that the driver was texting at the time of the accident. These factors alone are often enough to prove distracted driving and negligence caused your accident and the injuries you suffered.

 

We Will Work to Obtain Video Footage That Proves a Driver Was Distracted 

In many auto accidents, video footage can provide compelling proof and evidence that a driver was distracted when the accident took place. This video footage can be obtained from several sources, including:

  • Videos taken by other drivers, pedestrians or witnesses at the scene

  • Your own footage post-accident

  • Police dash cameras

  • Intersection surveillance cameras

As your motor vehicle attorney, I will contact the owners of the cameras or take similarly necessary legal steps to obtain any footage that proves distracted driving or other forms of negligence caused your car accident.

 

In addition to these three methods of proving driver distraction, it may also be necessary to prove distracted driving by relying on an accident reconstruction expert who effectively demonstrates that distracted driving is the best explanation for what caused the accident.

 

If you or a loved one has reason to believe a distracted driver caused your accident, I will put my  personal injury law experience to work for you. Contact us for a free, no-obligation consultation to discuss the facts of your accident.

 

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