While distracted driving is one of the most common acts of negligence leading to traffic accidents, it is also one of the more difficult cases to prove in court.
Distracted driving is a significant problem across the United States. Distracted drivers cause an estimated 25% of car accidents today. In addition to texting while driving, distracted driving includes adjusting the radio, applying makeup, eating and drinking, or driving with pets in your lap. While distracted driving is one of the most common acts of negligence leading to traffic accidents, it is also one of the more difficult cases to prove in court. Evidence must prove that the driver wasn’t paying attention to the road and that their behavior caused the accident directly. Here are some tips for proving distracted driving after an accident.
Gather Evidence at the Scene
Gathering evidence immediately after a crash can help back up any car accident claim. If you see a driver texting, talking on the phone, or engaging in other distractions while driving, you should be observant and look for evidence to back up your claim. For example, the driver may still be holding their phone, or it may be on the seat next to them with the screen still on. Other things to look for include signs of eating, drinking, and even kids or pets in the back seat. Calling 911 is a must to ensure you get the medical attention you need, and law enforcement can document the accident.
Cell Phone Records
Your personal injury attorney can request cell phone records to learn what happened and help determine if someone was using their phone when an accident occurred. If a driver was texting or talking on the phone at the time of the crash, cell phone records might reveal the exact location and time the phone was being used.
Witness Statements
Eyewitnesses can also provide testimony confirming that a driver was engaging in distracted behaviors leading up to a crash. The passengers in the car, drivers in other vehicles, or pedestrians may have seen the driver using their cell phone, reaching around in the car, or grooming or applying makeup in their mirror. If your case goes to trial, eyewitnesses can testify about any distracted-driving behaviors that they may have seen take place.
Police Reports
Police reports filed following a traffic accident include an initial assessment of fault based on the evidence gathered. You should let the officer know if you saw the other driver engaging in distracted behavior so they can include this information in the official report.
Contact a Car Accident Attorney
Proving distracted driving can be challenging, but with an experienced personal injury attorney from Snyder Law Group on your side, you are never alone. Contact us today for a free case evaluation!
Contact The Snyder Law Group Today
The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents, and have secured hundreds of millions in verdicts and settlements. Please visit our website, www.410thefirm.com, or call us at 410-843-3476, for more information. Follow us on Facebook, Twitter, and LinkedIn.