How can you prove a distracted driving in a car wreck?

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How can you prove a distracted driving in a car wreck?

| Jul 21, 2020 | Catastrophic Injuries & Death |

You fell victim a car accident, and now have severe injuries, a damaged vehicle and a sense of frustration because you feel like the collision shouldn’t have happened. Although you know you aren’t to blame, you’re upset because you noticed the driver that hit your car was veering out of their lane and toward you seconds before you collided. You tried dodge them, but unfortunately you just couldn’t move fast enough.

If you’ve been in a similar situation, then you might be especially frustrated because you believe the other driver was engaging in distracted driving and that’s why they lost control. Thankfully, there are clues that can help show which driver was responsible for the accident and if there were reckless actions involved. Taking a closer look at the evidence and statements gathered at the scene of the crash can help determine fault and if distractions were at play.

Physical evidence

There’s a variety of physical pieces of evidence law enforcement officers can collect on the scene that may serve as of proof of distracted driving. One common one being a cell phone. The National Highway Traffic Safety Administration (NHTSA) reports that law enforcement will also take note of other electronic devices that may be in the vehicle, like tablets, laptops or GPS devices. Investigators will also gather evidence that isn’t electronic, including food, drinks, books, and grooming tools, like makeup or a brush.

Electronic data

A recent study shows that nearly 80% of drivers have smart phones. And out of the pool of drivers who own a mobile device, nearly 90% use them at one point or another while behind the wheel. Since so many drivers tend to use their phone while driving, investigators might dig deeper with physical evidence they collect. Specifically, they may obtain a search warrant to retrieve data that can confirm or deny cell phone use at the time of the crash. The same sort of evaluation can take place for other technological devices that use data.

Accident statements

It’s also crucial to weed through all the statements police officers may have collected at the scene. This includes records of the accident from each party involved as well as any witnesses or passengers that may have seen the accident from a different perspective. According to NHTSA, even if a witness or eyewitness only saw the events leading up to the crash and aren’t sure how it happened, they still might be able to give context clues. Like, perhaps a driver pulls over to the scene and claims the driver was texting and driving for many miles while driving alongside them. Or maybe a passenger in the suspected driver’s car admits the driver has a habit of playing with the radio to change stations through the course of the whole ride.

Both physical evidence and personal accounts of the event can help paint a larger picture and help an attorney defend your case. That way you can receive the justice you deserve and the compensation you need to heal from this traumatic event.