Make A Great Impression In The Courtroom

Injured By A Distracted Driver? 4 Potential Ways To Prove It

2 February 2016 by Richard Ramirez

The Centers for Disease Control and Prevention reports that every single day there are more than nine deaths and 1,153 injuries in crashes that are caused by distracted drivers. With distracted driving, there is more to it than just texting and driving, as a person could be trying to talk, apply make-up or eat while driving. If you've been injured in a car accident and believe the other driver was preoccupied at the time, which is what resulted in the crash, how do you prove it? Here are four potential ways:

1. Police Report.

After an accident occurs, officers will include details regarding the circumstances surrounding the vehicle accident in a police report. This will generally contain a preliminary evaluation of who was at fault for the accident and why. This is why you need to let officers know at the scene of a crash if you witnessed the other driver on his or her phone or eating a burger shortly prior to the accident occurring. What's even better than that is if the police officer was around and actually saw the driver partaking in some sort of distracting behavior.

2. Photos and/or Videos.

When distracted drivers can be caught red-handed, it helps tremendously. This can be done by cell phone videos of bystanders, surveillance cameras and police dash cams.

3. Witnesses.

Aside from the police officer himself or herself, you can use witnesses to prove that the other driver was distracted. This is why police record statements from witnesses after accidents. You never know what someone may have seen that can prove to be helpful in determining the fault of the crash and ensuring that justice is properly serve. If your personal injury case ends up going to trial, the witnesses can be subpoenaed to attest about what they saw. Alternatively, they can submit a written affidavit of any distracting actions that they observed the other driver engage in prior to crashing.

4. Mobile Phone Records.

One of the best forms of evidence when trying to prove you were injured by a driver who was distracted is cell phone records. This is, of course, assuming that the distracted driving behavior was texting or talking while driving. These records can be subpoenaed from the cell phone company and can significantly increase your odds of winning the case if they prove the distracted driving.

There are numerous ways that distracted driving can be proven, and these are only few of them. Your personal injury attorney, such as Leen and Emery, will be able to give you more advice on how to prove distracted driving in your individual case. 

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