What Evidence Can Help Prove a Distracted Driving Accident?
Distracted driving happens every day in Macon and across the United States. If you’re in an accident caused by a distracted driver, you can file a personal injury claim to seek compensation. To be eligible, you must prove that the other driver was distracted when the accident occurred. Here, our Macon distracted driving accident attorneys explain the types of evidence that can help you prove a distracted driving accident.
What Is Distracted Driving?
Distracted driving includes any activity that takes a driver’s attention away from driving. It can involve:
- Taking your eyes off the road (visual distraction)
- Taking your mind off driving (cognitive distraction)
- Taking your hands off the wheel (manual distraction)
This behavior greatly increases the risk of accidents. Every day, about nine people die in the US in accidents involving a distracted driver. In 2022, distracted driving caused over 3,300 deaths.
How Do You Prove a Distracted Driving Accident?
If you decide to file a personal injury claim after a distracted driving accident, here are some types of evidence that can help prove the other driver was distracted:
- Witness Statements
Witnesses are very valuable in distracted driving cases. Other drivers, passengers, pedestrians, cyclists, and bystanders can provide firsthand accounts of the other driver’s actions just before the accident. They can help identify if the driver was talking on the phone, eating, grooming, etc.
- Police Reports
Make sure you call the police after an accident. The responding officer will write a report detailing the circumstances of the accident, including any signs of distraction, such as a phone on the driver’s lap.
- Pictures and Videos of the Accident Scene
Photos and videos taken right after the accident can show evidence of distraction. For example, spilled food or drink might indicate the driver was eating or drinking. Photos showing no skid marks could suggest the driver didn’t attempt to brake because they were distracted.
- Cellphone Records
Your car accident attorney can subpoena (legally request) the other driver’s cellphone records to see if they were texting or talking on the phone at the time of the accident.
- Social Media Activity
The other driver’s social media activity might show if they were using social media when the accident happened.
- Previous Citations and Driving History
Prior citations for distracted driving or other traffic violations can show a pattern of reckless behavior.
Contact a Macon Distracted Driver Accident Attorney
Proving a distracted driving accident can be challenging, but a skilled attorney can help. An experienced Macon distracted driver accident attorney at the Law offices of Buzzell, Welsh & Hill can help you gather the necessary evidence and build a strong case. We can handle negotiations with the insurance company and represent you in court if necessary. Contact us today to discuss your case and allow us to support you during this challenging time.
Source:
cdc.gov/distracted-driving/about/index.html
