How To Prove Your Accident Was Caused by a Distracted Driver
Motor vehicle accidents caused by distracted driving are unfortunately common in the United States. According to statistics, about 3,000 people die in car accidents caused by distracted driving annually and over 300,000 people are injured. After suffering severe injuries in a distracted driving accident, you have the right to file a personal injury claim and seek compensation. However, to recover compensation, you must prove that distraction was the cause of your injuries. Below, we explain distracted driving and how you can prove fault in a distracted driving accident case.
Understanding Distracted Driving
Distracted driving, which is any activity that diverts attention from driving, falls into three main categories. First, when something causes a motorist to take their eyes off the road, that is called a visual distraction. Examples include looking at a phone or something outside the car. Second, when a driver’s hands are off the steering wheel, it is called a manual distraction. Examples of manual distractions include eating/drinking, texting, or adjusting the radio. Finally, cognitive distractions occur when a driver’s mind is not focused on driving. Examples of cognitive distractions include daydreaming, thinking about something other than driving and talking to passengers.
Understanding the types of distractions is vital for building your case. If you believe a distracted driver caused your accident, you will need to provide evidence that points towards one, two, or all of these distraction types.
Proving Distracted Driving
After suffering injuries in a distracted driving accident, proving that distraction was the cause of your accident can be challenging, as distracted motorists often deny that they were distracted driving. You will need enough evidence to prove that your claims are more likely true than not. This evidentiary standard is known as “preponderance of the evidence.” The following are some of the pieces of evidence that can help you prove a distracted driver caused your accident;
Pictures of the Accident Scene
If your condition allows you, take photos of the accident scene as soon as possible after your accident. Ensure you take pictures inside the other driver’s vehicle. Look for any sign that they were distracted, such as food thrown around the front seats. Also, take photos of the vehicle damage, road conditions, skid marks, traffic signs, and other visual evidence that can help reconstruct the accident.
Witness Statements
Speak to anyone who witnessed the accident and determine if they saw the other driver talking on the phone, talking to passengers, or engaging in any other distracted driving behavior before the accident.
The Police Report
The report written by the police officer who assessed the accident scene may include valuable information, such as witness statements, the officer’s observations, traffic violations (if any), and a diagram and description of the accident scene.
Phone Records
An attorney can subpoena the other motorist’s phone records to help establish whether they were texting, making calls, or using apps at the time of the accident.
Traffic Camera Footage
Footage from nearby cameras might reveal whether the other driver was on their phone or otherwise distracted at the time of the accident.
Contact Us for Legal Help
Our experienced Tampa personal injury attorneys at The Pendas Law Firm can help you with your distracted driving accident case. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Miami, Jacksonville, Orlando, Ocala, Bradenton, Daytona Beach, West Palm Beach, Fort Myers, Fort Lauderdale, Naples, and Melbourne areas.
Source:
forbes.com/advisor/legal/auto-accident/distracted-driving-statistics/
