How to Prove a Driver Was Distracted After an Accident

Motor vehicle accidents can be scary experiences for everyone involved. This is especially true if you are at no fault for the accident yourself, and the other party involved was solely responsible. Oftentimes, proving liability after a motor vehicle collision is a complex process that comes with significant contention from both parties. However, one way to assess liability comes with a distracted driver scenario. If you were involved in an accident where you believe the other driver was distracted while operating their vehicle, proving this may be difficult. To prove a driver was distracted after an accident, it could help to work with an experienced car accident attorney.

Scene Analysis

When working with an attorney for a distracted driver case, one of the first avenues for investigation might include scene analysis. During a scene analysis, the attorney may review photos, video surveillance, and the physical accident scene itself. They could look for findings like skid marks from tires after stopping short, or a lack of break marks potentially indicating that there was no intention to hit the brakes. Your attorney should be experienced in scene analysis, or they will hire an outside source to analyze all details of the accident to help determine whether a driver was distracted after an accident.

Police Report Findings

Another way that might indicate whether a driver was distracted is in a police report. After a car accident, it’s important to call the police. They can help deduce faults associated with a motor vehicle crash and write a police report to detail their findings. Though this doesn’t necessarily act as hard evidence of any driver distraction, it could add details to your case such as the speed at which the accident occurred and the surrounding events.

Use of Eyewitness Statements

If anybody was around you at the time of the collision, you may have access to eyewitness statements and testimonies. These are permitted when somebody else personally witnessed the scene and can provide additional information about what happened. Examples include whether they saw the driver itself distracted in ways such as on their phone or eating, or if they looked generally distracted.

Reviewing the Driver’s Cellphone Records

One of the most common sources of driver distraction is cellphone use. These can lead to serious accidents. If you are trying to prove that the driver who caused the collision was distracted because they were using their cellphone, a good method of approach is through accessing and reviewing their cellphone records. This may allow identification of whether they were typing, reading, or cognitively thinking about a message.

Hire a Motor Vehicle Collision Attorney

When you’re trying to prove a driver was distracted after an accident, it’s useful to speak with an experienced lawyer who understands the importance of significant evidence analysis. The attorneys at the Law Office of Scott Righthand have the knowledge and compassion to help proceed toward filing a claim against a distracted driver in a collision. To schedule a consultation with our dedicated motor vehicle accident attorneys, contact us today.

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Date Of Posting

27 November,2022

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