Were you in a motor accident that may have been caused by a distracted driver? This is a growing problem as more and more things vie for the attention of all drivers. But what exactly is distracted driving? And how can you prove it during a personal injury case? Here's what every auto accident victim needs to know.
What Constitutes Distracted Driving?
When they envision distracted driving, most people tend to think about someone using their cell phone to either talk or text. And certainly, this is only one of the leading causes.
However, anything that takes a driver's attention away from their driving qualifies. This may include interacting with the people in their car, adjusting their car's entertainment settings, eating or drinking, or using the navigation system.
How Can You Prove Distracted Driving?
The means to prove a driver was distracted depends on the source of distractions. If you or other witnesses saw the driver holding and speaking on their cell phone just before the accident, you may be able to obtain cell phone records that show the activity going on at the moment of the accident.
Many other forms of distracted driving, such as horseplay or fiddling with the radio, are often only proven if witnesses can testify to it in person. This is why it's vital to get the contact information of all possible witnesses.
What Challenges Do You Face?
A victim generally faces two challenges regarding distracted driving. The first is identifying what — out of all the possible distractions — may have actually been the cause. Witnesses both inside and outside the vehicle may shed light on what they saw before the accident. Traffic cameras and cell phone cameras may have also picked up on activities.
The second challenge is proving that the distraction occurred and caused the accident. Unless you have a record of texts or phone calls, you must often rely on witness statements and expert analysis of the vehicle or accident. To achieve the necessary preponderance of evidence in court, more than minimum evidence may be vital.
Where Can You Find Help?
Proving that a driver was distracted is an uphill battle. Don't assume you can do this alone, especially if it involves gathering an analysis or recording subpoenas. Start by consulting with an experienced motor accident attorney in your state today. With their guidance and experience, they'll help you root out the cause of your accident and find the evidence you need. Reach out to a local law firm, such as the Law Office Of Timothy M. O'Donovan, to learn more.