How to Prove Distracted Driving Caused Your Accident
- Mateo
- Mar 19
- 4 min read
Updated: Mar 19
No driver wants to find themselves involved in an accident on the road, but the unfortunate truth is that even the best drivers can find themselves in this situation. Distracted driving is a leading cause of accidents, particularly due to the emergence of new technologies that divide our attention.
There are many common types of distracted driving and developing an understanding of each is the best way to prevent ending up in a crash. Learn everything you need to know in order to keep yourself safe on the road.
Understanding Distracted Driving
In short, distracted driving is technically any situation where your attention has been diverted away from the road ahead of you. Whether due to technology, hunger, or simple conversation, taking your eyes away from the road for even a short period of time can be dangerous. Specifically, though, most types of distracted driving fall into 3 distinct categories:
Visual: This type of distracted driving refers to any situation where you are looking away from the road.
Manual: This second type of distracted driving is when something causes you to let go of the steering wheel with either one or both your hands.
Cognitive: The last type of commonly seen distracted driving is cognitive, which occurs when something takes your thoughts away from the road and distracts your attention.
As you can likely guess from the above definitions, many types of distracted driving such as eating, texting, fiddling with the GPS, and more all fall into multiple categories. Generally, the most dangerous type of distracted driving is the one that causes your attention to be diverted in all three ways.
Key Evidence to Prove Distracted Driving
Finding yourself involved in a car accident caused by distracted driving is extremely frustrating, especially if it’s the other driver who caused it. That’s why gathering evidence to prove the other driver was distracted is so important. It will help you validate your claim and potentially lawsuit if the situation ends up going to court. There are a few pieces of key car accident evidence you should consider gathering:
1. Police Reports
Depending on the state you live in and the details surrounding the car accident you were in, calling the police may not actually be required by law. However, as a general rule of thumb, it’s always best to get an officer to come to the site. This is because they will need to create a police report documenting everything they see.
Police reports serve as an unbiased account of the situation and will include any signs of potential distractions that the officer sees. Don’t forget to request a copy of this accident report once it has been drafted too, as this can be presented to both insurance companies and the court.
2. Eyewitness Testimonies
In distracted driving cases, eyewitness testimony can make or break a case. Passengers, pedestrians, and even other drivers can all provide statements for what they saw. This unbiased account can turn you case from a “he said, she said” into something with foundation.
The specific details you’ll want to ensure witnesses saw were phone use, erratics driving, eating, or other behaviors that may have taken the other driver’s attention from the road. When an accident happens, politely request that those around give their statement but have they are not entitled to do so.
3. Cell Phone Records
Pulling phone records can help to prove if another driver was texting or calling when the crash actually occurred. Gathering these records will not be simple, so it’s best to partner with an accredited attorney who can help you get the information.
4. Traffic and Surveillance Camera Footage
Video evidence has the potential to change the outcome of your case as it is direct evidence to the accident. Red-light cameras, security cameras, dash cameras, and store cameras are all examples of video evidence you should be thinking about after your accident.
This evidence can show distractions like texting, eating, or one driver reaching for something, all of which will help to bolster your argument or distracted driving.
5. Vehicle Data and Black Box Information
One form of evidence that is often overlooked is vehicle data and black box information. Most modern vehicles track information like speed, braking, and steering inputs within their centralized computers. If you can get these records for the other vehicle, you may spot indicators that they were distracted such as erratic changes in speed or a lack of change in speed which could incite they didn’t foresee the accident due to being distracted.
6. Social Media and Digital Evidence
Finally, you should take a look at the other driver’s social media if you can track it down. There may be evidence in the form of posts, timestamps, or live videos that can be used to prove distraction. However, be aware that using digital evidence in court can be tricky as the admissibility of it may be called into question in regards to relevance. You’ll need to work with a lawyer to tackle this issue.
How a Lawyer Can Help Prove Distracted Driving
As alluded to, hiring an effective lawyer will be critical for proving distracted driving was involved in your accident. A lawyer can help you investigate and gather necessary evidence through methods like subpoenaing phone records, surveillance footage, and more. They can also help by negotiating with insurance companies in order to establish fault in the case, which will help you recoup damages.
Defend your distracted driving argument in court
Proving distracted driving in court will not be easy but it’s necessary if you want to recoup compensation after the event. You need to act quickly to ensure evidence is protected and preserved. The best way to go about this is to reach out to a lawyer who can help guide you towards the best evidence to gather so that you can defend your case in court or with insurance. Take action now to set yourself up for the best chance at receiving compensation for your damages.