Proving Distracted Driving In A Personal Injury Suit

Distracted driving is becoming a more common factor in traffic accidents, and much of this increase is due in part to the widespread adoption of the smartphone. You can now text, email, surf the web or check your social media profiles with a few clicks, and sometimes people prioritize these tasks instead of keeping their attention on the road. When this happens, disaster can strike.

But how can you prove that the other party was distracted at the time of the crash? Unless they openly admit to texting at the time of the incident, it’s going to be tough to prove that a distraction played a role in your accident. And if you can’t prove the other driver was at fault because of a distraction, it can severely limit your compensation options. Below, we explain how you can work to prove the other driver was distracted during your traffic accident.

How To Prove The Other Driver Was Distracted

It’s difficult to prove that the other driver was distracted at the moment of the crash, but there are some ways we work to show that distraction was likely a factor. Some ways to help show that the other driver was distracted include:

Hiring A Lawyer – Now, a lawyer is not going to be able to prove that the other driver was texting just by listening to you story, but they will be able to listen to the totality of the facts and put together an argument that best showcases all the evidence you have that suggests the other driver was distracted at the time of the crash.

Expert Witnesses – Your lawyer may also have access to expert witnesses who can verify your version of events. Again, they won’t be able to provide eyewitness testimony, but they will be able to use their unique expertise to strengthen your claim. For example, if you were rear-ended, an accident reconstruction expert can look at the skid marks or the damage to your vehicle and make a determination of the speed the vehicle was traveling at the time of the accident. If there’s no explanation as to why they hit the brakes so late or why they didn’t see your car in time, it can likely be used to strengthen your claim that they were not paying attention to the road. Your lawyer can help bring these witnesses in.

Eye Witnesses – If you have a passenger who can verify your version of events or claims they saw the other driver on their phone before they merged into your lane, we’ll want to interview them as part of your claim. The same can be said for any third-party individual who witnessed your crash, so if possible, get contact information from any third parties that can speak to the accident.

Subpoena – If the other party won’t allow you to look at their phone records voluntarily, your lawyer may be able to file a subpoena to look at their usage records. There’s no guarantee that this will show they were checking Facebook at the time of the crash, but there will be timestamps on emails and text messages, which can help prove they were on their phone at the time of the accident.

Video Evidence – Video evidence from nearby businesses may be able to help show that the driver was distracted or that their actions on the road were negligent, but usually the video quality isn’t all that great. If you have a dash cam, it can help prove your side of the story, but since distracted driving accidents often involve being sideswiped or rear ended, these aren’t always as helpful as you’d hope. However, they are still an avenue we’ll investigate.

It’s not going to be easy, but our lawyers have a wealth of experience proving distraction and negligence on the road, so we know the best ways to strengthen your claim. For assistance with this process, or for answers to any questions you have about your claim, reach out to Dean and the team at Margolis Law Office today.