How to Prove a Driver Was Distracted After an Accident

Navigating the aftermath of a car accident can be a daunting task, especially when you suspect the other driver was distracted. As a law firm deeply committed to your rights and safety, Saks, Robinson, & Rittenberg, Ltd., provides insight into proving driver distraction during an accident that injured you. If you need advice specific to your case, contact us for a consultation with our attorneys.

The Reality of Driver Distraction

Driver distraction is an all-too-common problem on our roads today. It refers to any activity that diverts a driver’s attention from the task of driving. This could range from texting, eating, talking to passengers, adjusting the radio, or even simply being lost in thought. While many of us are guilty of these behaviors at one time or another, it’s crucial to realize that they can significantly decrease our ability to react to unexpected situations on the road, often leading to devastating consequences.

Gathering Crucial Evidence of Distraction

In the wake of an accident where you suspect driver distraction, gathering evidence becomes a critical step. From a legal standpoint, proving driver distraction involves demonstrating that the driver failed to exercise reasonable care while behind the wheel. This means they did something, or failed to do something, that a reasonable person would not have done under similar circumstances. Here’s how an attorney can help you gather evidence to establish this lack of reasonable care:

1. Witness Statements: Witnesses to the accident can provide invaluable insights into the driver’s behavior before the accident occurred. They might have seen the driver looking at their phone or behaving erratically, which can support your claim of distraction.
2. Phone Records: If you believe the driver was using their phone at the time of the accident, obtaining phone records can serve as concrete evidence. These records can show if a call was made or a text was sent at the time of the crash.
3. Surveillance Footage: Cameras positioned at traffic signals, nearby businesses, or even dash cams can capture the events leading to the accident. This footage can provide a clear picture of the driver’s actions prior to the collision.
4. Physical Evidence: Items found scattered around the driver’s seat, such as food, makeup, or a phone, can indicate that the driver was distracted.

Navigating Law Enforcement and Insurance Companies

Both law enforcement officers and insurance companies play significant roles after an accident. Officers can help gather evidence at the accident scene and create an official accident report, while insurance companies conduct their own investigations into the accident’s cause. It’s imperative to cooperate fully with both parties, providing them with any information they need to complete their investigations.

The Importance of Acting Promptly

Time is of the essence following an accident. It’s important for the safety of all involved parties and for preserving crucial evidence to act promptly. Seek medical attention if needed, report the accident to the authorities, and begin the process of gathering evidence as soon as you can.

Why Saks, Robinson, & Rittenberg, Ltd., Should Be Your First Call

At Saks, Robinson, & Rittenberg, Ltd., we understand how overwhelming the aftermath of an accident can be. That’s why we’re committed to guiding you through this process, providing the support and guidance you need during these challenging times. Proving driver distraction post-accident requires effort and knowledge, but with the right information and a trusted personal injury by your side, it’s entirely possible. Contact us today to schedule a consultation.