But distracted driving isn’t always easy to prove. Unlike running a red light or speeding, capturing on camera or with a radar gun can be harder. That’s why understanding how liability is established and what evidence helps is essential.
Distracted driving isn’t just texting. It includes any activity that pulls a driver’s attention away from the road. There are three main types:
Most accidents involve more than one type of distraction, and even a brief lapse in focus can lead to a collision.
In any personal injury case, the person bringing the claim (the plaintiff) has to prove that the other party (the defendant) was negligent. In distracted driving cases, this usually means showing that:
That’s the basic legal framework. But how do you prove it?
Since distracted driving is often about what someone was doing in the moment before the crash, you need strong evidence. Here are a few ways to build your case:
If texting or calling was involved, phone records can help show the driver was using their phone at the time of the accident. These records aren’t always easy to get, but your attorney can request them during the legal process.
Sometimes another driver, a pedestrian, or a passenger sees what happened. If a witness saw the other driver looking at their phone or eating behind the wheel, their testimony can carry much weight.
When police respond to an accident, they usually file a report. If the officer suspected distracted driving or the other driver admitted to being on the phone, it may be noted in the report. That’s useful when building your case.
If the accident happened near a business, intersection, or in a vehicle with a dashcam, there may be video showing the moments before the crash. Footage of the driver looking down or swerving could support your claim.
Social media posts
It’s rare, but some drivers post on social media while driving—or right before a crash. If a timestamped post shows distraction, it might be used as evidence.
In more serious cases, experts may be brought in to analyze skid marks, damage, and crash data to determine what happened. They may be able to support the idea that the other driver didn’t react in time, suggesting they weren’t paying attention.
The longer you wait to prove liability in distracted driving accidents, the harder it can be to gather this evidence. Security camera footage may be deleted within days. Witnesses forget details. Even your memory may become fuzzy over time. That’s why speaking with an attorney sooner rather than later is always a good idea.
Proving someone was distracted during a crash isn’t always straightforward, but with the proper evidence, it can be done. A skilled attorney can help uncover the facts, talk to witnesses, request records, and work with experts to build a strong case on your behalf.
If you or someone you care about was injured in a distracted driving accident, you don’t have to navigate the process alone. Call Shugarman & Mehring today to schedule a consultation and find out how we can help you move forward.
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