How Can I Prove That The Other Driver Was Distracted At The Time Of The Accident?
Establishing liability is one of the most contentious matters in a car accident case. All parties involved in the accident would like to minimize their liability by trying to prove they were not at fault for the accident. However, if you have been involved in a car accident, you can use evidence to prove that the other party was at fault.
One of the most common causes of car accidents is distracted driving. Unfortunately, it is often challenging to prove that the other driver was distracted at the time of the accident. Let us explore ways to prove driver distraction in an accident claim or lawsuit.
Significance of Proving Driver Distraction in Accident Cases
Proving driver distraction plays a key role in accident claims and lawsuits. The party who was at fault for the accident would also be liable for the damages caused by the accident. For example, if one of the drivers involved in a car accident was busy using his cell phone while driving, then that driver would be liable, at least partially, for causing the accident.
If you can prove that the driver is a distraction, the other driver could face legal consequences, such as driver’s license suspension, fines, and more. If the distraction led to serious injuries or fatalities, then the driver could face even more strict penalties, such as imprisonment.
There are also insurance implications of proving distracted drivers. If the other driver is found at fault for the accident, then their insurance company would likely cover the damages, providing a source of compensation for the accident victims. However, if the policyholder is not the at-fault driver, the insurance company may not extend coverage for the accident.
Common Distracted Driving Behaviors
If you can spot a distracted driver, you may be able to be extra cautious and prevent an accident. One of the most common signs of distracted driving is unpredictable or erratic driving such as changing lanes without signaling, sudden and abrupt braking, or not driving in a straight line. In some cases, changing speeds without any apparent reason or delayed responses to a traffic signal are also signs that the driver is not focusing on the road.
Another way to spot a distracted driver is by keeping an eye out for visible distractions in the vehicle. For example, if you can see the driver is not looking ahead at the road, then be extra cautious as could be a case of distracted driving that leads to a car collision. Also, if you notice a vehicle is following too closely or tailgating, then that could also be a case of distracted driving.
Provide Tips on Gathering Evidence to Support Driver Distraction Claims
You will likely need different types of evidence to support driver distraction claims. Your first step should be to gather all the readily available evidence at the crash site. Take photos and videos of the accident site and other valuable evidence that can help you assess the cause of the accident.
The police report can also be valuable evidence of cooperation with the law enforcement officials at the crash site. You can obtain a copy of the report from the police station. The report typically contains information about the accident, but can also include the police officers’ preliminary assessment of the cause of the accident.
While gathering records, you must try to maintain a chain of custody to ensure the admissibility and reliability of the evidence. Get assistance from an attorney on how to document, preserve, and handle residence according to the legal standards acceptable to the court.
Highlight The Importance of Witness Testimony and Expert Opinions
Witness testimony and expert opinions can play an important role in proving driver distraction. The eyewitnesses who observed driver distraction such as seeing the driver use the phone at the time of the accident can testify in court to strengthen your case. Multiple witness testimonies that corroborate the claim of the plaintiff can further reinforce the claim.
The expert opinions are also useful. For example, car accident reconstruction experts to medical experts can use their expertise to provide insights into the cause of the accident. This can help establish a link between driver distraction and the resulting car collision. The eyewitness testimony and the expert opinion can also play a role in counteracting defense arguments. For maximum impact of such evidence, you must select credible witnesses and experts and prepare them thoroughly for court.
Role of Cell Phone Records and Surveillance Footage
If you can find surveillance footage at the time of the accident, that could be a game-changer for your case. It can show the driver’s distraction at the time of the accident. For example, if the driver was eating or texting, the surveillance camera might be able to capture this footage.
Phone records can also be useful if the driver’s distraction is related to phone use. Call logs, data usage, text message records, or GPS use at the time of the accident can help you provide driver distraction.
You may also explore options for gathering other types of evidence such as distracted driver’s vehicle data to prove how the accident happened and whether it was a result of the other driver’s distraction.
How Hipskind & Mcaninch, LLC Can Assist Clients in Proving Driver Distraction
Proving distracted driving in a car accident can be challenging. Allow us at Hipskind & Mcaninch, LLC, to help you prove driver distraction and hold the negligent driver accountable for their actions.
Our law firm specializes in such cases and this is evident in our successful track record for car accident cases. We can use our experience and expertise to help you gather evidence of distracted driving. It can help prove that the other driver was distracted at the time of the distracted driving accident.
At Hipskind & McAninch, LLC, we take a personalized approach to each case, so the first step will be a comprehensive evaluation of your case. Our lawyers will guide you to your best legal options to recover full and fair compensation for your losses. Contact us to schedule a free consultation with our advocate for car accidents.
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