The dangers of distracted driving are well-documented, but you may wonder: How exactly can it be proven that distracted driving contributed to a car accident, short of the distracted driver actually admitting their fault?
The cause of a car accident is usually determined by evaluating all of the evidence obtained from the accident scene, and piecing together a plausible explanation for the events. Experts are generally able to pinpoint the cause of an accident based on the damage on each car, driver descriptions, traffic camera footage, etc.
In distracted driving incidents, investigators may be able to prove the cause of the damage (e.g. a rear-end collision), but showing that the driver’s actions were a result of distracted driving may be more difficult. Proving that someone was distracted and caused a car accident they were involved in often relies on in-depth research and witness accounts.
As in most car accident cases, the testimony of any witnesses helps establish the events that occurred in incidents of distracted driving. However, it is rare that there will be someone present at the scene who can say if a driver was on their cell phone or otherwise distracted.
Expert witnesses may be able to identify distracted driving as a factor in a collision based on the evidence in a case. Their experience in studying distracted driving gives expert witnesses a technical perspective on car accident causes.
Video and Other Post-Accident Evidence
After a car accident, it is important to gather as much evidence as possible via photographs, speaking with other drivers and first responders, and more. If there were any nearby cameras (such as a red light or speed monitor), make note of them. With the help of our lawyers, you may be able to recover that footage.
Cell Phone Records
Phone records are reliable sources for determining fault in a distracted driving case. Through a phone record, investigators can see the exact times calls were made, and texts were sent. If the call and text times correspond to the time of the accident, this could be enough evidence to prove that distracted driving was a factor.
If a distracted driver injured you in a car accident, contact the Law Offices of Dan Davis. Our attorneys are prepared to investigate your case, gather the evidence you need, and recover the compensation you deserve.
Send us a message or call (405) 531-9983 for a free consultation.