How Do I Prove That a Driver Was Distracted After a Car Accident?

How Do I Prove That a Driver Was Distracted After a Car Accident?

February 24, 2022

Ellis Law Corporation

Car Accidents

Accidents caused by distracted drivers are not uncommon. Unfortunately, victims can face an uphill battle when working to recover compensation for their medical bills and property damage after these incidents occur. One of the main challenges is actually proving that the other driver was distracted and that their distraction caused the accident. Here, we want to discuss steps that you can take to help prove that the at-fault driver was distracted in your accident.

Distracted Driving is a Major Problem

Information presented by the Centers for Disease Control and Prevention (CDC) stated that there were nearly 3,000 fatalities and around 400,000 injuries caused by distracted driving during a recent reporting year. During that year, around one out of every five vehicle accident fatalities involved a distracted driver.

Proving the Other Driver Was Distracted

if you sustained an injury or property damage in an accident and you suspect that the other driver was distracted, it is crucial to prove this so you can recover compensation for your losses. However, proving distracted driving can be incredibly challenging, particularly because these cases often become one driver’s word against the other driver.

It is important to act quickly after a crash occurs in order to have the best chance of gathering the evidence needed to prove distracted driving. Often, this evidence-gathering process begins at the scene of the crash and involves:

  • Using a cell phone to take photographs of everything at the scene, including vehicle damage and injuries
  • Gathering the names and contact information of any eyewitnesses who may have seen the distracted driving
  • Making notes about any cameras received on nearby homes or businesses that may have captured the incident on footage
  • Ensuring the police know that you suspect distracted driving so they can ask appropriate questions and notate this on their police report

However, not all evidence that can prove distracted driving is able to be collected at the scene of the incident. We strongly encourage you to contact a skilled car accident attorney who can use the power of the wall to compel individuals and businesses to provide crucial evidence. Some other types of evidence that will need to be gathered in the days and weeks that follow a crash include the following:

  • Mobile device records. This information could contain the evidence needed to show that the driver was sending or receiving text messages or browsing social media/the internet.
  • Event data recorders. Most motor vehicles, including commercial trucks, are equipped with various types of recording devices. Sometimes these are referred to as “black boxes.” It may be necessary to analyze the data on these recorders to determine the driver’s actions at the time of the incident occurred, including whether or not they applied their brakes in a timely manner as well as their speed at the time the crash occurred.
  • Accident reconstruction. It may be necessary to work with accident reconstruction experts who can recreate the accident. These individuals can provide data to give everyone, including insurance carriers and juries, a better picture of what happened according to the circumstances of the case.

We strongly encourage you to contact a Los Angeles car accident attorney soon after the crash occurs so they can begin gathering the evidence needed to prove liability.