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How to Prove Distracted Driving in an Auto Accident Case

Published in Car Accidents,Personal Injury on January 9, 2019.



Distracted driving can be described as anything that diverts a driver’s attention and prevents them from safely operating their vehicle. Distracted driving can cover a long list of activities including talking on a cell phone, texting, adjusting your radio, eating, putting on makeup, trying to find fallen objects, and more.

According to the National Highway Traffic Safety Administration (NHTSA) statistics, distracted driving accounted for 3,477 deaths and 391,000 injuries in 2015 alone.

Individuals who have been involved in distracted driving accidents should seek out the help of an experienced personal injury attorney. The professionals at Nelson & Smith have a strong track record of defending people involved in accidents. You can count on them to provide you the vigorous defense you need from start to finish.

Proving the driver was distracted

Providing proof that the driver was distracted when the accident occurred is a tall order. However, it can be done. There are certain records that can be accessed to determine whether or not the person was in fact negligent:

Cell phone records

If a person is suspected of being on the cell phone at the time of an accident, the prosecutor can have cell phone records subpoenaed to determine whether or not you were on the phone. Investigators will look at the time stamp of the call or text and match it against the time of the accident. This is a pretty good indicator.

Police report

The police report often holds vital details of the crash. Officers will perform interviews with the drivers and passengers of both vehicles. There may also be others who witnessed the crash who saw the driver on the phone. If a driver was cited for driving while on a cell phone, that will be a key piece of evidence.

Passenger testimony

While some passengers sometimes don’t want to fess up due to fear of getting a friend in trouble, they usually tell the truth. If the case goes to trial, all of the information in the police report and other testimony will be under scrutiny. If a person lies on the stand regarding pertinent evidence, that is perjury.

Distracted driving is extremely dangerous. Just a brief look at your cell phone could result in the death and injury of many individuals. It is imperative that individuals follow the rules of the road. Not only for their protection but for the protection of others as well.

Individuals who get charged with distracted driving could find themselves in a great deal of trouble. The trouble will increase exponentially if there are injuries or deaths. This is the time to have a skilled attorney on your side. The same goes if you are injured as a result of someone else driving while distracted.

The professionals at Nelson & Smith will work aggressively for you and your rights. They will file all of the necessary paperwork, negotiate on your behalf, and make sure your losses are compensated. Call on them today for a free consultation.