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Proving Distracted Driving

Posted on: September 14, 2017 by Edwards & Patterson Law

distracted driving

Distracted driving is one of the most common causes of traffic accidents. When a driver becomes distracted, even for a second, it can significantly reduce the ability to react to a potential collision.

Even though distracted driving accidents are common, proving them is not so cut-and-dry. If you have been the victim in a distracted driving accident, it is important that you collect as much supporting evidence as possible.

There are two key types of evidence that are used in proving distracted driving. You can rely on the testimony of others, recordings of the event, or both.

Eyewitnesses of Distracted Driving

Witnesses often provide crucial evidence in cases of distracted driving. Bystanders and passengers help investigators and the courts understand what happened and who was at fault. If you are seeking compensation for your damages, eyewitnesses can provide testimony to support your claim.

Police Reports

Responding officers will seek to establish a timeline of events at the scene. Most eyewitnesses in these types of accidents will happily provide testimony to an officer. It is important to inform the officer of anything that may have distracted the other driver at the wheel. Examples of causes of distracted driving include texting, talking to backseat passengers, applying makeup, etc. You will have an even stronger case if an officer witnessed the cause of the distracted driving.

Digital Recordings

Witnesses may have recorded events leading up to the accident. Photos or videos of distracted driving make for a damning case against the guilty party. If an officer was in pursuit of the driver in the immediate lead-up to the accident, they will likely have dash cam footage documenting the distracted driving. Responsible citizens recognize the potential damage that can result from distracted driving. In the digital age, it is becoming much more common for bystanders to record incidents of distracted driving.

Driver Testimony

Although being distracted while driving should never be condoned, people make mistakes. An otherwise conscientious driver may feel remorse and take responsibility for their actions. Admission of fault on the part of the other driver is not enough to guaranty a judgment in your favor. However, it certainly doesn’t hurt to have an admission of guilt when it comes to settling a claim for damages.

Legal Representation

It should be noted that there may exist other types of evidence that are unique to your particular case. In order to build up a strong case, you should seek professional legal advice. Your entire case will hinge on creating a timeline of events that places blame squarely at the door of the other driver. A professional injury lawyer can also help you assess the damages you have incurred, ensuring that all settlement you receive results in fair compensation for those damages.

Edwards & Patterson have the experience and qualifications to represent you. We can help you prove that the other driver was distracted while driving. Reach out to our expert legal team to arrange a consultation with a personal injury lawyer today.

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