After a car accident, one of the most important considerations when it comes to building a strong personal injury claim is determining who was at fault for the harm that was caused as a result of the wreck. This is not always an easy process.
If you were recently involved in an injurious accident and you suspect that an at-fault driver was distracted at the time of the crash, proving that distraction played a role in your situation can strengthen your case and improve your chances of recovering compensation for your injuries and damages.
Making your case
Distraction is not always easy to demonstrate, but there are several effective ways to gather evidence. One of the most powerful tools for potentially proving distraction is obtaining an at-fault driver’s cell phone records. They can show whether a driver was sending texts, making calls or using apps around the time of the crash in question. In some cases, records may reveal a pattern of distracted behavior while driving. A skilled legal team can subpoena these kinds of records if there is reason to believe a phone use contributed to your recent accident.
Another useful source of evidence is eyewitness testimony. Bystanders, other drivers, or passengers may have seen the at-fault driver looking down at a phone, eating, applying makeup, or engaging in some other activity that took their attention off the road. Their accounts can help paint a clearer picture of what happened in the moments leading up to the collision.
Video footage is also potentially valuable in distracted driving cases. Many intersections, highways and even private businesses have surveillance cameras that may capture crash footage. In addition, dashcam footage from a vehicle or another driver’s can sometimes provide clear visual evidence of distraction—such as swerving, delayed braking or erratic lane changes.
Physical evidence at the scene can also be revealing. If the other vehicle did not show signs of braking before impact, it may suggest the driver was not paying attention. Skid marks—or the lack thereof—can support this conclusion, as can data from vehicle black boxes, which record speed, braking and steering input in the seconds before a crash.
Ultimately, proving distraction generally requires a combination of facts, records and legal strategy. As every case is different, seeking legal guidance can give you a more personalized view regarding your unique circumstances and options.