Evidence of Driver Distraction After an Accident
After an accident, proving driver distraction can be the difference between holding the responsible party accountable. Your claim is credible, and strong evidence backs it up.
Clues That the Other Driver Was Distracted
Thousands of fatalities occur each year in Americans from distracted driving, which is a leading cause of accidents. But knowing what to look for can be a lifesaver if you’re in a crash. There are many ways to be distracted, and each way increases the risk of a collision.
If you have been in a car accident, an experienced car accident lawyer can help uncover subtle signs of distraction to ensure you don’t miss any critical details.
Was the other driver preoccupied or fumbling with their phone, reaching for an object? Such observations can prove negligence. These behaviors are often actions the law labels a lack of reasonable care, entitling you to compensation.
Cell Phone Records
Mobile devices contribute to distracted driving. But by subpoenaing cell phone records, you can find out if the driver was texting, on a call, or using apps when the accident happened.
That is powerful evidence, coupled with time-stamped data showing when the collision occurred. For example, if the record shows activity seconds before the crash, that’s direct proof of negligence.
Witness Statements
In the chaos of an accident, you might miss things witnesses see. Was someone looking down a lot, typing a message, or something else? Witnesses are valuable because they provide an unbiased perspective, allowing you to piece together the sequence of events.
Combining witness testimony with physical or digital evidence can be even more compelling, forming a cohesive story that leaves little to no doubt.
Traffic Camera Footage
Traffic cameras track intersections and roadways in many urban areas, offering essential information about what happened. This can show whether the driver was looking at their phone, eating, or otherwise distracted.
This is irrefutable evidence and often a key to both negotiations and courtroom proceedings. If you think there is a distraction, the relevant footage must be preserved promptly.
Additional Signs of Distracted Driving
Sudden Braking or Swerve Marks
Abrupt braking or swerving often means the driver was taken by surprise. These last-minute actions are revealed by skid marks at the scene, which help support the claim of inattention. Forensic experts can analyze these marks to reconstruct events and confirm that distraction was a factor.
Odd Impact Points
Distraction may be indicated by unusual collision angles or locations of damage. For example, a driver who fails to keep lane discipline will often side-swipe or off-center impact. These anomalies indicate a lack of situational awareness consistent with distracted driving.
Inconsistent Statements
A lot of the time, distracted drivers struggle to remember what happened accurately. If their story about what happened isn’t consistent with physical evidence, it’s a red flag. More support for your claim is that the statements are inconsistent, suggesting preoccupation at the time of the crash.
After an accident, it is important to have evidence of driver distraction to build a solid case. With the help of a car accident lawyer, this evidence can be identified and presented effectively, protecting your rights and ensuring justice.
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