The Trouble With Proving Fault In A Distracted Driving Accident

Motor vehicle accidents are the most common type of personal injury cases in the U.S., coming in at 52%. Having to hire a car accident attorney in such a scenario can be an extremely daunting experience, especially if distracted driving was the cause of the collision (which, statistically speaking, is very likely).

Unfortunately, proving fault in a distracted driving case is quite difficult; alcohol leaves physical signs through BAC tests, and drug tests can be performed in driving under the influence cases, but distracted driving doesn't always leave evidence behind. That being said, it isn't impossible. Let's take a look at three ways you can prove fault in your distracted driving car accident claim.

  1. You saw it. Distracted driving almost always involves behavior that can be observed, if you're paying attention. You might see the other driver looking down at their phone, taking a bite of a burger, or fumbling with something else in the car right before the accident. Be sure to tell the police that arrive at the scene what you've seen; they'll write it down in the police report, which can later be submitted as evidence.
  2. Others saw it. Similarly, there may have been witnesses to the accident -- such as passengers, other drivers, or even pedestrians -- that noticed what the other driver was doing in the moments before the motor vehicle crash occurred. Police will get their statements, and it's wise to obtain their names and contact information so you can subpoena them to testify at trial.
  3. There are phone records. Cell phone use is often the main cause of distracted driving collisions. If someone was sending a text or speaking on the phone at the time it occurred, their phone records will prove their behavior; it's an easy way to show that they were not paying attention to the road.

Fortunately, your car accident attorney is there to help you through this process; they will know about the above methods and will be by your side throughout the entire experience. Any questions and concerns can be asked to your personal injury lawyer, making the process much smoother and stress-free.


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