Tips for Proving Distracted Driving in a Car Accident Case
Distracted driving is, unfortunately, one of the leading causes of serious accidents and injuries throughout the United States. When alleging that another driver was distracted at the time of the accident, it is important to understand which proof can help you to illustrate that the other party was at fault for the injuries sustained in the crash.
Distracted driving car accidents occur regularly and often leave the victims with serious or even life-threatening problems. Driving distracted dramatically interferes with anyone’s ability to stay focused on the road and can cause him or her to lose control of the vehicle quickly.
It is important to prove the other driver was distracted, there are several different ways to do this; the first of these is through a police report.
A police report that clearly outlines the other driver’s negligence and fault will be important when filing a legal claim. If the police report is filled out shortly following the accident, there will be a much greater chance that it will be taken seriously. If the police officer saw the other party involved in distracted driving at the time of the crash, this will be a significant support to you as the victim.
Video footage may also be helpful for illustrating that someone else was involved in distracted driving and this can be pulled from cameras at intersections, other driver’s cellphones or police dash cameras. These videos could be reviewed by your personal injury lawyer and put forth as evidence to show that the other party was involved in distracted driving at the time.
Another more common way to prove your case is to use witnesses. Witnesses will have to be subpoenaed to testify about activities that they witnessed when an accident occurred. Whether it is the driver of another vehicle or pedestrian, this can be very helpful to show in your arguments that the other driver was driving distracted.
One other more complicated way to prove distracted driving is using accident reconstruction specialists. An accident reconstruction expert is someone who can be used to identify exactly how an accident occurred.
When this person gets involved in the accident reconstruction process, it may be critical for showing the court that this was the only possible way that the accident could have happened.
One of the most common misconceptions about distracted driving accidents is that they only involve texting and driving.
Distracted driving can occur as a result of any activity that pulls a driver’s focus away from the road and the task at hand. This can include reading, eating, drinking, putting on makeup, using a navigation system, adjusting the radio, talking on the phone using apps or checking email.
If an accident was indeed caused by another party who was not paying attention and this can be proven in court with significant evidence, the support of a personal injury lawyer is essential for fighting back.
Hiring a knowledgeable attorney at McDonald Worley can help you to put together a full and fair claim for compensation for your injuries. Talk to the attorneys at McDonald Worley today to learn more about your rights.