Proving a Driver Was Distracted When They Hit You

The CDC estimates that every day in the U.S., almost ten people die in accidents involving a distracted driver. Distracted driving is when a driver engages in any activity that takes their attention away from the task of driving. Distracted driving includes activities such as texting or holding a phone call while driving, drinking or eating while driving, using the navigation system while driving, and fiddling with the radio while driving. If you were in a car accident and believe the motorist who hit you was distracted driving, you can pursue monetary damages.

After filing a car accident claim, the burden of proof is on you. You must prove by a preponderance of the evidence that the other driver was distracted driving. But how do you prove this? Proving the driver who hit you was distracted driving can be challenging without the help of an attorney. An experienced lawyer will know the kind of evidence you need to prove your case. A skilled attorney will collect the necessary evidence and help you build a strong case.

Proving a Driver Was Distracted When They Hit You

One piece of evidence may not be enough to help you prove that the driver who hit you was distracted driving. Your attorney will know the different forms of evidence that can help you prove your case. The following are some of the pieces of evidence you and your car accident attorney can use to support your claim;

The Police Report

The police officer who responded to your car accident must have prepared a written report after conducting a preliminary investigation at the accident scene. The police report may contain details such as whether the driver seemed like they were distracted. The report may include statements from others who saw the other driver distracted. There may even be a statement in the police report of the other driver admitting they were distracted driving.

Eyewitness Testimony

Another way to prove the driver who hit you was distracted driving is through eyewitness testimony. If anybody, such as a bystander, passenger, another driver’s passenger, or another driver, saw the driver engaging in distracted behavior before the accident, their official statements could help prove your case.

Cellphone Records

It is possible to prove that the driver who hit you was using their phone while driving by accessing their cellphone records. Your attorney can subpoena the other driver’s phone records. If the other driver was texting, talking on the phone, or using another app, those details should be on the cellphone usage report.

Traffic Camera/Surveillance Footage

Traffic footage or footage from surveillance cameras can help you prove that the driver who hit you was distracted driving. Also, video footage from cell phones may help you show that the other driver was not focused on the road.

Accident Scene Photos

If you or another person took pictures after the accident, those pictures could be used as evidence. For instance, a picture of the road with no skid marks or tire tracks could be used to show that the other driver did not hit the brakes because they were distracted.

Speak With a London Car Accident Attorney

If you believe the driver who hit you was distracted driving, contact a qualified London auto accident attorney at Cessna & George Law Firm for help proving your case.

Source:

cdc.gov/transportationsafety/distracted_driving/index.html