Today, distracted driving is everywhere on our American roads. And since the advent of mobile phones, distracted driving has become among the leading causes of crashes in the U.S. The National Highway Traffic Safety Administration (NHTSA) agrees that distracted driving is a dangerous practice that claimed 3142 lives in 2019 alone. So, have you recently found yourself trapped in a car accident you believe a distracted driver caused?
If so, from a legal standpoint, taking several steps can help you protect your rights. Thus, taking help from experts in this domain such as the Michigan Car Accident Lawyer | Christensen Law can streamline the entire legal process for you. Though, additionally, learning how a personal injury lawyer will investigate your claims enables you to understand the procedure, thus eventually making informed decisions about the alternatives available for compensation recovery.
This insightful piece highlights how you can prove a distracted driver’s fault in a car accident. But first, it would help if you understood the types of distracted driving.
What are the Types of Distracted Driving?
Talking on the cellphone and texting are two of the most common driver distraction types. However, drinking, eating, applying makeup, adjusting controls, dealing with pets and children in the backseat, and talking with passengers are also possible accident-causing distractions.
Analyze the Accident Scene
Tools like traffic and surveillance cameras and ordinary photographs can be resourceful to investigators when piecing together how an accident occurred. Guardrails, traffic signs, skid marks, and damage to vehicles can also tell a story. At Yarian Accident & Injury Lawyers, they often employ car crash reconstructionists who study evidence from an accident scene. These crash reconstructions help establish whether a driver’s attention was diverted when the accident took place. And the critical testimony from these car accident experts can be convincing evidence supporting a claim.
It is always advisable and critical to contact local law enforcement or 911 after a car crash. On arrival, police examine the accident scene while collecting available evidence to establish the crash’s circumstances and who may be at fault. They document this information in a police report which also includes;
- Statements of witnesses
- Statements of passengers and
- The other driver’s statement
Therefore, law enforcement testimony and police reports are detailed and critical pieces containing essential information that may ultimately help confirm a driver was exhibiting some form of distraction when the accident occurred.
Statements or testimonies from another driver, pedestrian, bystander, or passengers who may have noticed a distracted driver at the time of a crash can also help prove your case. So, suppose you find yourself in a car accident. In that case, obtaining contact information and witness statements at the crash scene can incorporate an extra evidence layer that your car crash injury lawyer can present when proving your case.
Mobile phone records and data
Mobile phone records are among the most valuable tools when proving distracted driving practices in the court of law, like talking on the phone or texting. An attorney can subpoena the driver’s mobile phone records and data to establish if they were checking email, using the gadget for GPS, or texting while driving.
How a Lawyer can Help
Your car accident attorney can build a case proving your distracted driving claim. Besides that, they can also aggressively negotiate on your behalf to assist you in redeeming maximum compensation for suffering and pain, wage loss, emotional distress, medical expenses, and other possible damages.