Proving the Driver Who Caused Your Accident Was Distracted
Meta Description: If you were hit by a distracted driver, here’s how to gather proof that they weren’t paying attention to solidify your claim.
If you were involved in a car accident caused by a distracted driver, you may be eligible for financial compensation. However, you must be able to provide evidence that the other driver was in fact distracted. Otherwise, you risk bringing forward a weak case. Here are a few ways to prove that the other driver wasn’t paying attention at the time of the collision.
If the collision occurred in an area where businesses typically have security cameras, your accident might have been recorded. Video footage can be a powerful piece of evidence in your claim because it shows exactly what happened. It can put to rest questions about who was really at fault and illustrate that the driver wasn’t aware of their surroundings when the crash happened.
A significant piece of evidence in a distracted driving claim is witness testimony. You may have more than one — any person who saw the accident can provide a statement regarding what happened before and during the crash. Witnesses can be bystanders or passengers in either vehicle.
If you suspect that the other driver may have used their cell phone at the time of the accident, ask your attorney to subpoena the records. Call history, text history, and even browser data with a timestamp can be enough to prove that the driver was texting and driving or otherwise distracted by their cell phone at the time of the accident.
The Driver Admitting Guilt
In some cases, the other driver will incriminate themselves. Most often, they do this without meaning to right after the collision. They may approach you immediately and apologize, saying that they didn’t see you or that they were making a phone call. You should make a note of anything the driver says after the accident and report it to your attorney.
Contact Shulman, Rogers, Gandal, Pordy & Ecker Today
If you were involved in a motor vehicle accident caused by a distracted driver, you need solid representation to prevail. Contact us today to learn more about how we can help you seek financial restitution for the damages you’ve incurred by calling 877-229-1515 for a free consultation. We are standing by to assist you.